SECTION 1. DEFINITIONS AND CONCEPTS

RULE 1.1 DEFINITIONS:

(a) “Abandoned Well” – shall mean a well that has not been used for six consecutive months. A well is considered to be in use in the following cases: (1) a non-deteriorated well which contains the casing, pump, and pump column in good condition; or (2) a non-deteriorated well which has been capped.

(b) “Acre” – shall mean unit of land measurement equaling 43,560 square feet.

(c) “Acre-foot” – shall mean the volume of water that will cover an area of one acre to a depth of one foot (approx. 325,829 gallons).

(d) “Applicant” – shall mean the owner of the land, on which a well(s) or proposed well(s) is/are located, unless the landowner authorizes another person to submit the permit or registration.

(e) “Aquifer” – shall mean a formation or group of saturated geologic units capable of storing and yielding water in usable quantities.

(f) “Beneficial Use or Beneficial Purpose” – shall mean Rule 14.3 herein.

(g) “Board” – shall mean the Board of Directors of the South Plains Underground Water Conservation District.

(h) “Casing” – shall mean a tubular watertight structure installed in an excavated or drilled hole to maintain the well opening.

(i) “Commercial Irrigation System” – shall mean any water distribution device, installed above ground or below ground that applies water to the surface or subsurface of the earth and is used to irrigate land intended for commercial use. Water delivery devices used to water lawns and for non-commercial use are not considered commercial irrigation systems.

(j) “Conservation” – shall mean practices, techniques and technologies that will reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water, or increase the use of recycled water.

(k) “Deteriorated Well” – shall mean a well, the condition of which will cause, or is likely to cause, pollution of groundwater in the District.

(m) “District” – shall mean the South Plains Underground Water Conservation District.

(n) “District Act” – shall mean Acts of the 72^nd Legislature (1991), Ch. 46, H.B. 281 and the nonconflicting provisions of Chapter 36, Water Code.

(o) “Gallons per minute” (gpm) – shall mean the amount of water in U.S. gallons that a well or well system is capable of delivering or is actually delivering per minute.

(p) “Groundwater” – shall mean water percolating below the surface of the earth but does not include water produced with oil in the production of oil and gas.

(q) “Hearing Body” – shall mean the Board, any committee of the Board, or a Hearing Officer at any hearing held by the District in accordance with Section 16 of the District rules.

(r) “Hearing Officer” – shall mean a person appointed by the Board to conduct a hearing or other proceeding.

(s) “Lechate Well” – shall mean a well used to remove contamination from soil or groundwater.

(t) “Monitoring Well” – shall mean an artificial excavation constructed to measure or monitor the quantity or movement of substances below the surface of the ground. The term does not include any monitoring well used in conjunction with the production of oil, gas, or other minerals.

(u) “Open or Uncovered Wells” – shall mean an excavation at least ten feet in depth dug for the purpose of producing groundwater and is not covered or capped as required by the Texas Water Code.

(v) “Owner” – shall mean without limitation any person, partnership, firm corporation, municipal corporation, governmental or proprietary body, association of such persons or agent of such entity that has the right to produce water from the land, where the water well or proposed water well is located, either by contract, lease, easement or any other estate in the land.

(w) “Permitted Well” – shall mean a well capable of producing 25,000 gallons per day or more that was drilled prior to March 9, 1993 and is registered with the District or was drilled after March 9, 1993 and was permitted by the District.

(x) “Person” – shall mean any individual, partnership, firm, governmental agency, political subdivision, corporation, or other legal entity.

(y) “Pollution” – shall mean the alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water in the District that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to public health, safety or welfare, or impairs the usefulness of the water for any lawful or reasonable purpose.

(z) “Registered Well” – shall mean a well registered with the District in accordance with Section 5 of the District Rules. Wells previously “enrolled” with the District shall be considered registered upon enactment of these Rules.

(aa) “Rules” – shall mean the rules of the District compiled in this document and as may be supplemented or amended from time to time.

(bb) “Texas Open Meetings Law” – shall mean Chapter 551, Government Code.

(cc) “Texas Open Records Law” – shall mean Chapter 552, Government Code.

(dd) “Waste” – shall mean Chapter 36.001(8), Texas Water Code and Section 14 herein.

(ee) “Well” – shall mean any facility, device, or method used to withdraw groundwater from the groundwater supply within the District.

(ff) “Well Owner or Well Operator” – shall mean the person who owns the land upon which a well is located or is to be located or the person who operates a well or a water distribution system supplied by a well.

(gg) “Well System” – shall mean a well or group of wells tied to the same distribution system.

(hh) “Withdraw” – shall mean extracting groundwater by pumping or by another method

RULE 1.2 RULE 1.2 PURPOSE OF RULES: These rules are adopted to achieve the provisions of the District Act and accomplish its purposes.

RULE 1.3 USE AND EFFECT OF RULES: The District uses these rules as guides in the exercise of the powers conferred by law and in the accomplishment of the purposes of the District Act. They may not be construed as a limitation or restriction of the exercise of any discretion, nor be construed to deprive the District or Board of the exercise of any powers, duties, or jurisdiction conferred by law, nor be construed to limit or restrict the amount and character of data or information for the proper administration of the District Act.

RULE 1.4 RULE 1.4 AMENDING OF RULES: The Board may, following notice and hearing, amend these rules or adopt new rules from time to time.

RULE 1.5 RULE 1.5 HEADINGS AND CAPTIONS: This section and other headings and captions contained in these rules are for reference purposes only. They do not affect the meaning or interpretation of these rules in any way.

RULE 1.6 RULE 1.6 CONSTRUCTION: Construction of words and phrases are governed by the Code Construction Act, Subchapter B, Chapter 311, Government Code.

RULE 1.7 RULE 1.7 METHODS OF SERVICE UNDER THESE RULES: Except as otherwise expressly provided in these rules, any notice or documents required by these rules to be served or delivered may be delivered to the recipient, or the recipient’s authorized representative, in person, by agent, by courier receipted delivery, by certified mail sent to the recipient’s last known address, or by telephonic document transfer to the recipient’s current telecopier number. Service by mail is complete upon transfer deposit in a post office or other official depository in the United States Postal Service. Service by telephonic document transfer is complete upon transfer, except that any transfer occurring after 5:00 p.m. will be deemed complete on the following business day. If service or delivery is by mail, and the recipient has the right, or is required, to do some act within a prescribed time after service, three days will be added to the prescribed period. Where service by one or more methods has been attempted and failed, the service is complete upon notice publication in a generally circulated newspaper in Terry County.

RULE 1.8 RULE 1.8 SEVERABILITY: If any one or more of the provisions contained in these rules are for any reason held to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability may not affect any other rules or provisions of these rules, and these rules must be construed as if such invalid, illegal or unenforceable rules or provision had never been contained in these rules.

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