(a) 
It shall be unlawful for any person to drill, bore, dig or construct a water well deeper than 250 feet or below the Woodbine sand within the corporate limits of the city without a permit issued by the city.
(b) 
It shall be unlawful for any person to resume operation of an existing water well, which required a permit to drill, bore, dig, or construct, that has been abandoned or not operated for a period of one year or more within the corporate limits of the city without a permit issued by the city.
(c) 
No permit for the drilling, boring, digging, constructing, or operating 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.
(d) 
A permit shall not be issued pursuant to this article unless the applicant has demonstrated compliance with all applicable state regulations.
(e) 
No permit shall be issued authorizing the construction or operation of a water well until approved by a resolution of the city council.
(f) 
Any person desiring to drill, bore, or dig a new water well or to reopen an abandoned water well within the corporate limits of the city, shall file an application for a permit with the city secretary. Four copies of the complete application are required. The application shall provide the following information related to the well and the property on which the water well is or is to be located:
(1) 
Name and address of the property owner(s);
(2) 
Location of property where well is or is to be located;
(3) 
Purpose for which the proposed well would be used;
(4) 
Scaled site plan or plat depicting the dimensions of the lot where such proposed well is to be located including; location of all easements, utility lines, connections or utility appurtenances and the distance from the well to each;
(5) 
The following information regarding the well:
(A) 
Type of proposed well or existing well;
(B) 
Depth of well;
(C) 
Diameter of well; and
(D) 
Any other information required by the city.
(6) 
Location and exact distance from water well to any sewer lift stations, sewer lines, well sites, water lines, underground utility lines, streets, alleys, thoroughfares, creeks, streams, lakes, 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 of distribution system; and
(10) 
Any other information requested by the city.
(g) 
Any person performing any work on a water well within the city shall hold a valid license issued by the state department of licensing and regulations.
(h) 
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 state commission on environmental quality (TCEQ), the state department of licensing and regulation, and the Northern Trinity Groundwater Conservation District.
(i) 
The minimum lot size for parcels of land desiring the use of private water wells shall be at least one (1) acre of usable land outside of any easements and right-of-way dedication for each individual residence.
(j) 
A completed water well drilling log shall be submitted to the city prior to the completion inspection.
(k) 
The city council may establish by resolution the fee for any permit application required by this article.
(l) 
The city council may deny any water well application if the proposed well endangers a public water supply.
(Ordinance 2018-07A adopted 7/19/18)
(a) 
All water wells permitted pursuant to this article shall utilize a reduced pressure backflow assembly approved by the city to prevent contamination of the city’s water supply. A reduced pressure backflow assembly (“RPBA”) is 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.
(b) 
Prior to any use of the completed permitted well, and at any time thereafter, the city shall have the right to inspect and approve the backflow prevention assembly.
(c) 
The RPBA shall be tested in accordance with all applicable city and state regulations annually. Copies of the test shall be submitted to the city upon completion. Failure to submit test results required hereunder shall be grounds for revocation of any permit issued pursuant to this article.
(Ordinance 2018-07A adopted 7/19/18)
It shall be unlawful to abandon any water well without first notifying the city secretary or designee and permanently plugging such well in accordance with the rules and regulations of the Northern Trinity Groundwater Conservation District, or their successors.
(Ordinance 2018-07A adopted 7/19/18)
After receipt of a complete water well application and filing fee, the city secretary or designee shall forward copies of the application to the city administrator, or designee, and the city engineer for review. After receipt of a report on the application from the city administrator, or designee, and the city engineer, the permit request may 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 administrator, or designee and/or the city engineer, and the council’s determination of the effect of the well on the city’s groundwater supply as well as the health, safety, and welfare of the citizens of the city. Failure of the city council to adopt a resolution authorizing the granting of a permit within the 60-day period after the receipt of a complete water well permit application shall automatically constitute a denial of the application.
(Ordinance 2018-07A adopted 7/19/18)
(a) 
It shall be unlawful for any person to use or operate the any water well permitted by this article 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 any water well permitted pursuant to this article until a certificate of completion has been issued by the city secretary or designee of the city.
(c) 
It shall be unlawful for any person to connect in any manner a private well system to the city’s water supply or distribution system.
(d) 
All private water wells shall be subject to inspection by the city administrator or his/her designee to ensure compliance with city regulations and the state rules and regulations for the use of private water wells. Noncompliance with city regulations or refusal of inspection shall be cause for revocation of the private well permit. Any inspection which reveals any threat to the city water system or city water supply, as determined by the city administrator, or designee, shall be subject to a desist order, which shall remain in effect until such threat is eliminated, and applicable penalties in section 13.06.007.
(Ordinance 2018-07A adopted 7/19/18)
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 secretary or designee of the city.
(Ordinance 2018-07A adopted 7/19/18)
(a) 
Each day a private water well is used or is being drilled, bore, dug or constructed in violation of this article shall constitute a separate offense.
(b) 
A person who commits an offense under this article is guilty of a misdemeanor and upon conviction shall be fined not less than $1.00 nor more than $2,000.00.
(Ordinance 2018-07A adopted 7/19/18)