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 904-24 adopted 5/14/2024)
(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 water system 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 904-24 adopted 5/14/2024)
(a)
Application requirements.
Application for a water
well permit shall be made with the city manager. 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 the 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).
(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).
(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 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 904-24 adopted 5/14/2024)
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 904-24 adopted 5/14/2024)
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 904-24 adopted 5/14/2024)
The city manager shall make comments and recommendations concerning
the application. If approved, the water well permit shall be signed
by the city manager. No more than twelve permits may be approved by
the city manager under this article in any single fiscal year.
(Ordinance 904-24 adopted 5/14/2024)
In considering approval or disapproval of a water well permit,
the city manager 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 904-24 adopted 5/14/2024)
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. The well log shall contain, at
a minimum:
(1)
Type, diameter and length of casing installed;
(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 904-24 adopted 5/14/2024)
Prior to any use of a completed permitted well, the city manager
or their agent 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 904-24 adopted 5/14/2024)
It shall be unlawful to connect any private water well or supply system to the city public utility system or any household except upon a finding by the city manager that compliance with article
10.02, division
10 was not possible.
(Ordinance 904-24 adopted 5/14/2024)
(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 904-24 adopted 5/14/2024)
(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 exists, 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 904-24 adopted 5/14/2024)