ARTICLE 13.300 WATER WELL CONSTRUCTION

Private water wells may be drilled only for the purpose of providing water to plants and livestock. It shall be unlawful for any person to drill or otherwise construct, repair, correct, abandon and/or plug a well or to engage upon such work within the city and to employ anyone else to engage in such work without first applying for and securing a permit from the superintendent of waterworks or a duly authorized agent thereof. Such permit may be granted with the approval of said superintendent to any person who files with the superintendent an application therefor, pays the required fee and complies with all other provisions of this article or as applicable to him.

It shall be the duty of the superintendent to inspect the property where any well is to be drilled, sunk, dug or bored, and to refuse the issuance of a permit to drill, sink, dig or bore a well in a place which does not meet with its approval as to drainage and other sanitary conditions.

§ 13.303 Application for Permit; Contents.

Penalty.

Any person violating any of the provisions of this section, shall upon conviction thereof, be fined in accordance with the general penalty provision found in Section 1.109 of the Code of Ordinances of the City of Brownfield, Texas.

(Ordinance 1906 adopted 5/6/04)

Every application for a permit for the drilling, construction, repair and correction, abandonment and/or plugging of a well shall state the name and address of the owner thereof; the purpose for which the permit is desired; the definite location of the well or proposed well; its approximate depth; if for a permit for the drilling or construction or repair and correction of a water well the estimated amount of water to be, or which is, pumped daily, monthly or annually; the use or uses for which the water will be or is required; if for a permit for the drilling or construction or for the repair and correction of a well, the proposed method of drilling or construction, or the proposed method of repair and correction, and the kind of equipment to be used; and in all cases the name of the contractor if done through a contractor whom the owner desires to drill or construct repair and correct, or do the work pursuant to an abandonment of a well in compliance with this article.

(1965 Code of Ordinances, Chapter 21, Article II, Section 21-34)

§ 13.304 Permit Fees.

The fees to be paid to the superintendent of the waterworks for the permits required by this article shall be as set forth in the fee schedule in the appendix of this code.

(1965 Code of Ordinances, Chapter 21, Article II, Section 21-35)

§ 13.305 Disposition and Use of Permit Fees.

All fees and other money collected by the superintendent by virtue of this article shall be expended by said superintendent to cover the expense of making examinations of wells within the city, to make or have made the necessary analysis and tests of water therefrom, to supervise the construction, repair, abandonment and plugging of wells and the operation of same, and such other expenses as may be necessary to the enforcement of this article.

(1965 Code of Ordinances, Chapter 21, Article II, Section 21-36)

§ 13.306 Issuance of Permit.

All permits to construct, drill, dig or excavate a well shall be executed in triplicate, one (1) copy to be delivered to the applicant and two (2) copies to be retained in the office of the superintendent.

(1965 Code of Ordinances, Chapter 21, Article II, Section 21-37)

§ 13.307 Supplemental Permit Required for Extension of Depth.

It shall be unlawful for any applicant who obtains a permit to construct a well of a certain depth, to extend such well to a depth exceeding the depth provided for in such permit without first obtaining an additional permit therefor.

(1965 Code of Ordinances, Chapter 21, Article II, Section 21-38)

§ 13.308 Powers and Duties of Superintendent.

The superintendent of water works shall have the power:

(1)

To make or have made examinations of all wells within the city whether privately owned or otherwise;

(2)

To make or have made at any time the necessary analysis and/or tests of water therefrom;

(3)

To go upon the land and property of the owner or owners of wells for that purpose;

(4)

To require the owner or owners to furnish all information requested concerning the wells, including in the case of new wells, complete logs of the well showing depth to and depth through all geologic formations encountered; and

(5)

To supervise the construction, repair, abandonment and plugging of wells and the operation of the same.

The superintendent shall keep a register of all wells within the city which shall show the name of the owner, the location and the date of construction of each well, its depth and diameter, the purpose for which the well was constructed and if abandoned the date of such abandonment.

All acts authorized to be done by said superintendent may be performed by such persons as may be authorized by said superintendent to act for him.

(1965 Code of Ordinances, Chapter 21, Article II, Section 21-39)

§ 13.309 Abandoned Wells; Disposition.

Defined.

For the purpose of this article, an abandoned well is:

(1)

a defective well which in the judgment of the superintendent, cannot be corrected to comply with the requirements of this article, or

(2)

any well which has been continuously out of use for a period of two (2) years or longer.

Report.

Whenever any well has not been in active use for more than two (2) years, the owner or operator of the same shall report said fact to the superintendent:

§ 13.310 Polluted or Polluting Wells Declared Nuisance; Abatement.

Filling and Plugging.

Every abandoned well shall be filled and plugged with such materials and in such manner as in the judgment of the superintendent will prevent the pollution and contamination of the city's water supply or the contamination of any other well within the city. Such filling and plugging shall be done under the supervision of said superintendent and at the expense of the owner of such well.

(d)

Notice to Fill.

Whenever the superintendent shall receive notice from any source of the existence of an abandoned well which has not been plugged and filled in accordance with the provisions of this article, he shall notify the owner or agent in charge of said well or of the property upon which it is situated that such well is abandoned and shall instruct him to fill and plug such well in accordance with this article. The owner or operator of such well shall comply with such order within sixty (60) days after the date of same.

(e)

Filling by City.

Should the owner fail to so comply with such notice during such period or if after using reasonable diligence, or should the superintendent fail to locate the owner or the agent in charge of such well or of the property upon which the well is situated, the superintendent may go on the land or property upon which the well is situated and fill and plug the same in the manner required by this section. Whenever it becomes necessary for the superintendent to fill and plug any abandoned well, the owner thereof shall be liable to the superintendent for the cost of doing such work and shall pay the same upon demand.

(1965 Code of Ordinances, Chapter 21, Article II, Section 21-40)

Any well or other opening constructed within the city penetrating the underground water supply and which pollutes or contaminates any other well or the city's water supply, is hereby declared a nuisance and on notice to the owner of such well, to the operator thereof or to his agent in charge of the well or of the property on which it is situated, issued by the superintendent, said nuisance shall be abated by the owner within ten (10) days from date of such notice by filling and plugging the well or opening in the manner provided for in this article for abandoned wells. If he shall fail to abate such nuisance within said time, or if after exercising reasonable diligence the superintendent is unable to locate the owner or his agent, the superintendent shall have the right to go on the land or property upon which the well is situated and abate said nuisance in the manner provided and the owner thereof shall be liable to the superintendent for the cost of such work and shall pay same upon demand.

(1965 Code of Ordinances, Chapter 21, Article II, Section 21-41)

§ 13.311 Contaminated Wells to be Plugged.

Every well constructed in the city, whether drilled, dug or excavated, which encounters salt water or water containing mineral or other substance injurious to health or vegetation, shall be securely plugged and sealed or cased in such manner that the waters therein shall be confined to the stratum or strata in which found.

(1965 Code of Ordinances, Chapter 21, Article II, Section 21-42)

§ 13.312 Correction of Defective Wells.

Every well whether dug, drilled or constructed within the city which for any reason does not completely prevent the mixing of water or other liquid from above and below the source of the city's water supply with the water in the source of the city's water supply, or which for any reason would tend to pollute or contaminate any other well or the water in the source of the city's water supply, shall be considered a defective well and the superintendent on his own initiative or upon information or complaint from any source may make an examination of any well suspected of being defective. If said examination indicates in the opinion of the superintendent that the well is a probable source of contamination of the city water supply or any other well or that the water from said well is unsafe for human consumption, shall issue written instructions to the owner or his agent in charge of such well or the property upon which it is situated, for correcting the defects to comply with the provisions of this article, and prescribe a time which in his judgment under all the circumstances, is reasonable and within which such instructions shall be complied with. It shall be unlawful for the owner or owners or operators of such defective well to fail to comply with such instructions within the time limit prescribed by said superintendent.

(1965 Code of Ordinances, Chapter 21, Article II, Section 21-43)

§ 13.313 Casing of Well.

All wells shall be so constructed and cased so that no water from one stratum can by reason of the construction of the well come in contact with waters from another stratum. The casing shall be set in the top of the stratum from which water is to be taken and shall be cemented in place by a suitable method to be approved by the superintendent, to the end that cement shall be forced up around the outside of the casing from the bottom of the casing to the surface of the ground so that all waters found in the strata, except that from which water is to be used, shall be sealed off one from the other by the cement, or if a better method than cementing shall be scientifically developed to accomplish the purpose mentioned, such better method may be prescribed by the superintendent in lieu of cementing.

The casing used shall be of weight per foot not less than the following:

Size of Casing	Minimum Weight Per Foot
4-inch	10 pounds
5-inch	14 pounds
6-inch	18 pounds
8-inch	28 pounds
10-inch	40 pounds
12-inch	49 pounds
15-inch O.D.	60 pounds
18-inch O.D.	80 pounds
20-inch O.D.	89 pounds