This article shall be commonly cited as the “water well ordinance.”
(Ordinance 06-1111, sec. 1.1, adopted 6/9/11)
This article provides standards for the prohibition and regulation of water wells in the city limits.
(Ordinance 06-1111, sec. 1.2, adopted 6/9/11)
This article applies to all property within the incorporated municipal boundaries (i.e., “city limits”). This article applies to new water wells drilled, dug, or bored after the effective date.
(Ordinance 06-1111, sec. 1.3, adopted 6/9/11)
(a) 
Rules of interpretation.
Words and phrases used in this article shall have the meanings set forth in this section. For purposes of this article, definition of words and phrases shall have the meanings as shown in the latest revision of the state department of licensing and regulation’s Water Well Drillers and Pump Installers Administrative Rules found in the Texas Administrative Code (TAC), title 16, chapter 76 and additional words as defined below. Terms that are not defined below, but are defined elsewhere in the city ordinances, shall be given the meanings set forth in the code. Words and phrases not defined in the city ordinances shall be given their common, ordinary meaning unless the context clearly requires otherwise. When not inconsistent with the context, words used in the present tense shall include the future tense; words in the plural number shall include the singular number (and vice versa); and words in the masculine gender shall include the feminine gender (and vice versa). The word “shall” is always mandatory, while the word “may” is merely directory. Headings and captions are for reference purposes only.
(b) 
Specific terminology.
Air gap.
The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet conveying water to a tank, fixture, receptor, sink, or other assembly and the flood level rim of the receptacle. The vertical, physical separation must be at least twice the diameter of the water supply outlet, but never less than one inch. (30 T.A.C. section 290.38)
Applicant.
The human being, organization, firm, partnership, association, corporation, legal representative, trustee, trustee in bankruptcy, or receiver making a request for a water well.
City administrator.
The chief administrative officer of the city, or the officer’s designee.
City council.
The governing body of the city.
City engineer.
The chief officer of the city, who plans, directs, manages, and oversees the activities and operations of the city water system.
Deteriorated well.
A well that because of its condition will cause or is likely to cause pollution of any water in the city or state, including groundwater.
ETJ.
The city’s extraterritorial jurisdiction.
Person.
A human being, organization, firm, partnership, association, corporation, legal representative, trustee, trustee in bankruptcy, or receiver.
Reduced pressure backflow assembly (“RPBA”).
An assembly consisting of two independently operating check valves, spring loaded to the closed position, separated by a spring-loaded differential pressure relief valve loaded to the open position.
TAC.
Texas Administrative Code.
TCEQ.
State commission on environmental quality, or any successor agency designated by the legislature of the state to perform the regulatory function of the TCEQ.
TDLR.
State department of licensing and regulation, or any successor agency designated by the legislature of the state to perform the regulatory function of the TDLR.
TWDB.
State water development board, or any successor agency designated by the legislature of the state to perform the regulatory function of the TWDB.
(Ordinance 06-1111, sec. 2, adopted 6/9/11)
It is unlawful for any person to drill a water well in the city.
(Ordinance 06-1111, sec. 3, adopted 6/9/11)
(a) 
Basis for exception.
Exceptions considered by the city council are those in a case of extraordinary circumstances representing an emergency or making it necessary for such a well to be drilled.
(b) 
Timing.
Prior to the commencement of drilling, a person must make application and, after hearing and upon appropriate findings, the city may authorize the issuance of such a permit.
(c) 
Request for hearing.
(1) 
Persons seeking an exception must file a written letter to the city council describing the basis for the exception and requesting a hearing.
(2) 
A request for hearing must include:
(A) 
Location of proposed water well;
(B) 
Nature of extraordinary circumstances; and
(C) 
Request for a water well permit.
(3) 
No application will be deemed administratively complete until the city administrator confirms and approves it for hearing.
(d) 
Criteria.
Upon application and hearing, the applicant will be required to show:
(1) 
That there exists an urgent necessity for the drilling of such well;
(2) 
That it is impracticable or impossible to obtain the necessary water and oil, gas or other minerals from other sources and the reasons that the same is impracticable or impossible;
(3) 
That the applicant will establish and institute such safety standards as may be desirable and necessary to prevent injury to the health, safety and wellbeing of the residents, citizens and inhabitants of the city, and the specific safety standards which the applicant proposes;
(4) 
That the proposed well will not constitute a breach or violation of the terms and provisions of any subdivision restrictions or restrictive land covenants that may be in force and effect;
(5) 
That the proposed well will not represent a potential hazard to residential subdivisions or properties in residential use, either adjoining or abutting the proposed drilling site, either through the emission of noxious odors, unusual sounds or the erection of large and unsightly derricks or drilling devices.
(e) 
Notice.
Upon 10 days after receipt of the request for hearing, the city administrator will notify the persons seeking the exception of the hearing date.
(f) 
Hearing.
(1) 
The city council will hold a hearing on such application and may, after hearing and upon appropriate findings, authorize the issuance of such a permit.
(2) 
At the time of hearing, the city council may inquire into such other circumstances and conditions which it may find to exist which either justify the issuance of a permit hereunder or which necessitate the denial of such a permit upon a determination of the likely impact of such drilling on the health, safety and wellbeing of the residents, citizens and inhabitants of the city.
(g) 
Drilling for city services purposes.
Nothing herein prevents the drilling of necessary wells by the city or by contractors authorized by the city to do such drilling for the purposes of providing necessary city services, or by any lawfully created and existing municipal utility district or other body politic that may be created from time to time and be charged with the function of providing city services or services customarily provided by a municipality.
(Ordinance 06-1111, sec. 4, adopted 6/9/11)
(a) 
It shall be unlawful for any person to commence drilling, boring, or digging a water well within the corporate limits of the city without a permit.
(b) 
The city may issue a water well permit only on two-acre lots or more, and that are zoned residential or agricultural.
(c) 
No new permits authorizing the drilling, boring, or digging of a private water well for a domestic water supply purpose (e.g., potable water) within the corporate limits of the city shall be issued unless no other water source is readily available. All existing wells must meet all other health and safety provisions of this article if the well was operated prior to the date of this article.
(d) 
No well shall be permitted under this section if the wellhead of the proposed well is within a distance determined to be reasonable by the city engineer, measured on a direct line, from the wellhead of a public well connected to the city’s water system.
(e) 
Permits authorizing the drilling, boring or digging of a private water well for irrigation purposes within the corporate limits of the city may be issued only if the applicant meets all applicable city, water department, county, and state regulations. A permit may be revoked and the well capped in the event of a violation, in addition to fines for the violation of this article.
(f) 
Permits authorizing the drilling, boring and digging of a private water well within the corporate limits of the city shall only be issued by the city administrator.
(g) 
The issuance of a well permit does not indicate that the city makes any representation concerning the likelihood of successful completion of that proposed water well, its quality, utility, duration, or length of production.
(h) 
The city administrator shall not issue a well permit until authorized by a resolution entered in the minutes of the city.
(i) 
Any person desiring to drill, bore, or dig a water well within the corporate limits of the city, shall file an application with the city administrator. Four copies of the complete application are required (two for the city, one for the city engineer, and one to be provided to the city water department).
(j) 
The application shall provide to the city the following information for the proposed well and the property on which the proposed water well is to be located:
(1) 
Name and address of the property owner(s);
(2) 
Location of property where proposed well is to be located (street address, block, lot, addition);
(3) 
Purpose for which the proposed well would be used (e.g., irrigation, watering of livestock, etc.);
(4) 
Scaled site plan or plat depicting the dimensions of the lot where such proposed well is to be located including:
(A) 
Location of all easements;
(B) 
Utility lines;
(C) 
Connections or utility appurtenances; and
(D) 
The distance from the proposed well to each;
(5) 
A state-licensed water well driller must be hired to dig the well, and must provide the following information:
(A) 
Type of proposed well (dug, drilled, bored, or driven);
(B) 
Proposed depth of well;
(C) 
Diameter of well;
(D) 
Any other information required by the city;
(6) 
Location and exact distance from proposed water well to any septic tank(s); sewer lift station, sewer lines (trunks, collectors, laterals); the closest city water department well site; water lines (supply, mains, laterals, service); gas lines (supply, mains, service); underground telephone lines; streets, alleys, thoroughfares; animal or livestock pens, barns or shelters; dump grounds (public or private); creeks or streams; lakes or ponds; and any flood zone area;
(7) 
Size and type of pump and casing to be used;
(8) 
Depth of cementing of casing and method of cementing;
(9) 
Manner and site of well water storage tank and description distribution system;
(10) 
Any other information requested by the city.
(k) 
All water wells, whether drilled, bored, cored or constructed, shall be completed by a state-licensed water well driller and pump installer in conformance with all the applicable state and local laws, rules, regulations, requirements, and specifications.
(l) 
Water wells shall be located so that there will be no measurable pollution or contamination from any source. Water wells shall also be located in accordance with the rules and regulations of the TCEQ and the TDLR.
(m) 
A completed water well drilling log shall be submitted to the city by the approved state-licensed water well driller and pump installer prior to the completion inspection.
(n) 
The applicant shall deposit a fee for a water well permit in the amount established by the fee schedule provided in appendix A to this code.
(Ordinance 06-1111, sec. 5, adopted 6/9/11; Ordinance adopting Code)
(a) 
It is required that the city’s water system be protected from any residence or establishment where an actual or potential contamination hazard exists. TCEQ rules, 30 T.A.C. section 290.44, lists private/individual/unmonitored wells as a health hazard to a public water system. All water wells must be drilled and operated in compliance with TCEQ and city water department regulations.
(b) 
To protect the city’s water system, a backflow prevention assembly is required at the city’s water meter. TCEQ rules, T.A.C. section 290.44, lists an air gap or reduced pressure detector assembly as means of providing the level of protection required.
(c) 
Prior to any use of the completed permitted well, and at any time thereafter, the city water department shall have the right to inspect and approve the backflow prevention assembly.
(d) 
A RPBA shall be tested in accordance with the city’s water department requirements, the city plumbing ordinance, and TCEQ rules, T.A.C. section 290.44, annually. Copies of the test shall be submitted to the city and the city’s water department.
(e) 
Any area within the city limits which is dual certified and holds its own certificate of convenience and necessity (CCN) and has been operating its own water system for ten years or more, is entitled to the same obligations and privileges as the city’s water department has with respect to this article. This provision is for the system being operated, and does not exempt individual homeowners within the dual certified area from the restrictions and requirements of this article.
(Ordinance 06-1111, sec. 6, adopted 6/9/11)
It shall be unlawful to abandon any water well drilled without first notifying the city administrator and permanently plugging such well in accordance with the rules and regulations of the TCEQ and the TDLR.
(Ordinance 06-1111, sec. 7, adopted 6/9/11)
After receipt of a complete water well application and filing fee, the city administrator shall forward copies of the application to the city’s water department and the city engineer for review. After receipt of a report on the application from the city’s water department and the city engineer stating the application is complete, the permit request will be placed on the agenda of the next regularly scheduled meeting of the city council. The city council may pass a resolution authorizing the granting of a water well permit or rejecting the permit based on the reports of the city water department and/or the city engineer, and the city council’s determination of the effect of the well on the health, safety, and welfare of the citizens of the city. Failure to pass a resolution authorizing the granting of a permit within the sixty-day period after the receipt of a complete water well permit application shall automatically constitute a denial of the application.
(Ordinance 06-1111, sec. 8, adopted 6/9/11)
(a) 
It shall be unlawful for any person to use or permit the use of any water produced for domestic purposes, or to use or operate the well and its related plumbing and water in violation of this article.
(b) 
It shall be unlawful for any person to use or permit the use of any water produced from such well until a certificate of completion has been issued by the city administrator.
(c) 
Prior to any use of a completed permitted well, and at any time thereafter, the city’s designated representative shall have the right to inspect the completed well construction.
(Ordinance 06-1111, sec. 9, adopted 6/9/11)
No person having a franchise in the city shall furnish power, water, and/or gas to any water well drilled, bored, or dug within the corporate limits of the city unless and until a certificate of completion has been issued for the well by the city administrator.
(Ordinance 06-1111, sec. 10, adopted 6/9/11)
In the event of a conflict between the provisions of this article and applicable regulations enforced by the TCEQ or the TDLR, the most stringent regulations shall apply.
(Ordinance 06-1111, sec. 11, adopted 6/9/11)
(a) 
Civil and criminal penalties.
The city shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations.
(b) 
Criminal penalties.
(1) 
Any person found to be in violation of any provision of this article (with the exception of section 6.08.008) shall be guilty of a misdemeanor and shall be liable for a fine of not more than five hundred dollars ($500.00) for each violation. Each day in which a violation shall continue shall constitute a separate offense.
(2) 
Any person found to be in violation of section 6.08.008, public water supply protection, shall be guilty of a misdemeanor, and shall be liable to a fine of not more than two thousand dollars ($2,000.00) for each violation. Each day in which a violation shall continue shall constitute a separate offense.
(c) 
Civil remedies.
Nothing in this article shall be constructed as a waiver of the city’s right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law, including, but not limited to the following:
(1) 
Injunctive relief to prevent specific conduct that violates this article or to require specific conduct that is necessary for compliance with this article; and
(2) 
A civil penalty up to five hundred dollars ($500.00) a day to be deposited in the city water department fund, when it is shown that the defendant was actually notified of the provisions of this article and after receiving notice committed acts in violation of this article or failed to take action necessary for compliance with this article; and other available relief.
(3) 
In the event work is not being performed in accordance with this article, the city shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop work order is in effect.
(Ordinance 06-1111, sec. 12, adopted 6/9/11)