It shall, after the effective date hereof, be unlawful for any person or persons, firm, company or corporation to dig, drill, bore or drive a water well within the city limits without first obtaining a water well permit from the city.
(Ordinance 467-01 adopted 6/19/01; Ordinance 526-04 adopted 9/21/04; Ordinance 554-06, sec. 3, adopted 12/19/06; Ordinance 687-14, sec. 2, adopted 7/8/14)
(a) 
Allowable uses.
The city may issue a water well permit to a person to explore for or produce groundwater on a platted lot, containing 30,000 square feet or more, zoned residential or agricultural, for:
(1) 
Irrigation or watering of livestock; or
(2) 
Potable use, if the lot, or structure thereon, cannot be connected to city waterworks as required by article 10.02, division 10 of this code. The permit shall not authorize more than one well for each five contiguous acres contained within a platted lot.
(b) 
Minimum distance from wellhead connected to public water system.
No well shall be permitted under this section if the wellhead of the proposed well is within 1,000 feet, measured on a direct line, from the wellhead of a well connected to the public water system of the city.
(c) 
Minimum distance from wellhead of existing permitted private well.
No well shall be permitted under this section if the wellhead of the proposed well is within 500 feet, measured on a direct line, from the wellhead of any existing permitted private well.
(Ordinance 467-01 adopted 6/19/01; Ordinance 526-04 adopted 9/21/04; Ordinance 554-06, sec. 3, adopted 12/19/06; Ordinance 687-14, sec. 2, adopted 7/8/14)
(a) 
Application requirements.
Application for a water well permit shall be made with the city administrator. The application shall be signed by both the property owner and the state-licensed water well driller of the well and accompanied with a nonrefundable fee in the amount established by city council. The application shall provide the following information in reference to a proposed water well and the property on which such proposed water well is to be located:
(1) 
Name and address of the property owner(s);
(2) 
Location of the property where the proposed well is to be located (street address, block, lot, addition);
(3) 
Purpose for which the proposed well would be used (drinking water, irrigation, watering [of livestock]);
(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 proposed well to each;
(5) 
The state-licensed water well driller shall provide the following information:
(A) 
Type of proposed well (dug, drilled, bored or driven);
(B) 
Proposed depth of well;
(C) 
Diameter of well;
(6) 
Location and exact distance from the proposed water well to any septic tank(s); sewer lines (trunks, collectors or laterals); the closest city public water supply 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 the well water storage tank and description of the distribution system;
(10) 
Show the size and location of an “in line” backflow prevention which shall be tested by the city and approved, as well as the location and size.
(b) 
Indemnification agreement.
Each applicant must attach to an application for a water well an indemnification agreement, provided by the city, indemnifying the city from any liability that may arise from the construction or use of a water well, whether as permitted or not. Additionally, each applicant shall separately acknowledge in the application that the city makes no representation whatsoever concerning the likelihood of successful completion of the proposed water well, its quality, utility, duration or length of production.
(Ordinance 467-01 adopted 6/19/01; Ordinance 526-04 adopted 9/21/04; Ordinance 554-06, sec. 3, adopted 12/19/06; Ordinance 687-14, sec. 3, adopted 7/8/14; Ordinance adopting 2017 Code)
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.
(Ordinance 467-01 adopted 6/19/01; Ordinance 526-04 adopted 9/21/04; Ordinance 554-06, sec. 3, adopted 12/19/06)
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) and department of licensing and regulation, which shall be attached to or referenced by the water well permit application.
(Ordinance 467-01 adopted 6/19/01; Ordinance 526-04 adopted 9/21/04; Ordinance 554-06, sec. 3, adopted 12/19/06)
The city administrator shall make comments and recommendations concerning the application. If approved, the water well permit shall be signed by the city administrator. No more than twelve permits may be approved by the city administrator under this article in any single fiscal year.
(Ordinance 467-01 adopted 6/19/01; Ordinance 526-04 adopted 9/21/04; Ordinance 554-06, sec. 3, adopted 12/19/06)
In considering approval or disapproval of a water well permit, the city administrator shall consider the public health and safety of the citizens of the city as it relates to the proposed well, and consult with the state commission on environmental quality, or other applicable regulatory entities, as deemed necessary.
(Ordinance 467-01 adopted 6/19/01; Ordinance 526-04 adopted 9/21/04; Ordinance 554-06, sec. 3, adopted 12/19/06)
A completed water well drilling log shall be submitted to city by the approved state licensed water well driller and pump installer prior to the completion inspection. The well log shall contain, at a minimum:
(1) 
Type, diameter and length of casing installed;
(2) 
Total depth of well;
(3) 
Type, diameter and length of strainer, if any, and size of screen openings;
(4) 
Method of sealing top and bottom of screen;
(5) 
Standing water level, depth below ground surface when not pumping; and
(6) 
Yield of the well in gallons per minute.
(Ordinance 467-01 adopted 6/19/01; Ordinance 526-04 adopted 9/21/04; Ordinance 554-06, sec. 3, adopted 12/19/06)
Prior to any use of a completed permitted well, the city administrator shall inspect and approve in writing the site of the well, well construction, ancillary equipment and structures, completion documentation, spacing requirements and all other requirements imposed by this article to determine compliance with all state and local rules and regulations.
(Ordinance 467-01 adopted 6/19/01; Ordinance 526-04 adopted 9/21/04; Ordinance 554-06, sec. 3, adopted 12/19/06)
It shall be unlawful to connect any private water well or supply system to the city public waterworks system or any household except upon a finding by the city administrator that compliance with article 10.02, division 10 was not possible.
(Ordinance 467-01 adopted 6/19/01; Ordinance 526-04 adopted 9/21/04; Ordinance 554-06, sec. 3, adopted 12/19/06)
(a) 
It shall be unlawful for any person to construct, produce from or use a well in the city without first obtaining a permit.
(b) 
A permit issued under this article shall become null and void one year from the date of issuance if the well has not been constructed, completed and approved by the city for use within that period.
(c) 
Any changes in conditions under which a permit was issued under this article shall void the permit, and it shall be unlawful to proceed with the construction of the well until a reapplication has been approved by the city.
(d) 
A permit issued under this article shall automatically be cancelled when site conditions are changed from those shown on the application.
(e) 
Any person who knowingly violates any provision of this article or who shall neglect, fail or refuse to comply with any provision herein is guilty of an offense. Each day’s continuance of a violation constitutes a separate offense.
(Ordinance 467-01 adopted 6/19/01; Ordinance 526-04 adopted 9/21/04; Ordinance 554-06, sec. 3, adopted 12/19/06)
(a) 
Any well permitted under this article that has been abandoned, regardless of when it was constructed, shall be disinfected and plugged in accordance and with a material satisfactory to the TCEQ.
(b) 
If upon inspection of a well any violation of this article is found, written notice will be given to the person to whom the permit was issued, directing the person to make necessary corrections within a reasonable time specified. It shall be unlawful for any person to neglect, fail or refuse to comply with such notice. Failure to correct the violation pursuant to this subsection shall result in cancellation of the permit.
(c) 
Water produced as a result of a permit herein, may only be lawfully used on the permittee’s land. Waste of the water or allowing it to run unreasonably off the permittee’s land is unlawful.
(d) 
The city council may, if conservation circumstance exist, in accordance with this chapter, restrict or prohibit the use of water from any well authorized by this article for nonessential purposes during the duration of the water conservation circumstance.
(Ordinance 467-01 adopted 6/19/01; Ordinance 526-04 adopted 9/21/04; Ordinance 554-06, sec. 3, adopted 12/19/06; Ordinance 687-14, sec. 4, adopted 7/8/14)