RULE 17.1 NOTICE AND ACCESS TO PROPERTY: Board Members and District representatives and employees shall be entitled to access to all property within the District to carry out technical and other routine investigations necessary for the implementation of the District Rules. Prior to entering upon the property for the purpose of conducting an investigation, the person seeking access must give notice in writing or in person or by telephone to the owner, lessee, operator, agent, or employee of owner, lessee, operator, or agent, as determined by information on file with the District. Notice is not required if prior permission is granted to enter without notice. Inhibiting or prohibiting access to any Board Members or District representatives or employees who are attempting to conduct an investigation under District Rules constitutes a violation and subjects the person who is inhibiting or prohibiting access, as well as any other person who authorizes or allows such action, to the penalties set forth in Section 17 of the District rules.

RULE 17.2 CONDUCT OF INVESTIGATION: Investigations or inspections that require entrance upon property must be conducted at reasonable times, and must be consistent with the establishment’s rules and regulations concerning safety, internal security and fire protection. The persons conducting such investigations must identify themselves and present credentials upon request of the owner, lessee, operator, or person in charge of the property.

RULE 17.3 RULE ENFORCEMENT-PENALTIES FOR VIOLATIONS:

(a) If it appears that a person has violated, is violating, or is threatening to violate any provision of the District Rules, the Board may institute and conduct a suit in the name of the District for injunctive relief, or to recover civil penalty of not more than five thousand dollars ($5,000) for each violation and for each day of violation, or for both injunctive relief and civil penalties for enforcement of rules through the provisions of Chapter 36.102 Texas Water Code.

(b) The Board shall, by resolution, adopt a Litigation Policy to implement Rule 17.3(a).

RULE 17.4 SEALING/CAPPING WELLS:

(a) Sealing of Wells: Following due process, the District may, upon orders from the judge of the courts, seal wells that are prohibited from withdrawing groundwater within the district, to ensure that a well is not operated in violation of the District Rules. A well may be sealed when:

(1) no application has been made for a permit to drill a new water well which is not excluded or exempted; or

(2) the Board has denied, cancelled or revoked a drilling permit.

The well may be sealed by physical means, and tagged to indicate that the well has been sealed by the District, and other appropriate action may be taken as necessary to preclude operation of the well or to identify unauthorized operation of the well.

Tampering with, altering, damaging, or removing the seal of a sealed well, or in any other way violating the integrity of the seal, or pumping of groundwater from a well that has been sealed constitutes a violation of these rules and subjects the person performing that action, as well as any well owner or primary operator who authorizes or allows that action, to such penalties as provided by the District Rules.

(b) Capping Wells: The District may require a well to be capped to prevent waste, prevent pollution, or prevent further deterioration of a well casing. The well must remain capped until such time as the conditions that led to the capping requirement are eliminated. If well pump equipment is removed from a well and the well will be re-equipped at a later date, the well must be capped, provided however that the casing is not in a deteriorated condition that would permit commingling of water strata in which case the well must be plugged. The cap must be capable of sustaining a weight of a least four hundred (400) pounds when installed on/in the well.

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SECTION 17. INVESTIGATIONS AND ENFORCEMENT