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SECTION 8. WELL SPACING REQUIREMENTS

RULE 8.1       SPACING OF WELLS FROM PROPERTY LINES:

(a)    A well drilled subsequent to the date of enactment of this rule shall be drilled in a location and may produce no more than shown in the following categories:

Distance

Maximum Rate

From Property Line (feet)

of Production (gpm)

300-374

265

375-449

390

450-599

560

600-659

1,000

>660

>1,000

(b)   In the interest of protecting life, and/or for the purpose of preventing waste, and/or preventing confiscation of property, the Board reserves the right to enter special orders to increase or decrease the distances provided by this rule.

RULE 8.2       RULE 8.2     SPACING OF WELLS FROM EXISTING WELLS ON ONE’S OWN PROPERTY:

(a)    A well drilled subsequent to the date of enactment of this rule shall be drilled in a location and may produce no more than shown in the following categories:

Minimum Distance From Existing

Maximum Rate

Wells on One’s Own Property (feet)

of Production (gpm)

300

125

600

265

750

390

900

560

1,200

1,000

>1,320

>1,000

(b)   In the interest of protecting life, and/or for the purpose of preventing waste, and/or preventing confiscation of property, the Board reserves the right to enter special orders to increase or decrease the distances provided by this rule.

RULE 8.3       EXCEPTIONS TO SPACING REQUIREMENTS:

(a)    In order to protect vested property rights, or to prevent waste, the Board may grant exception to spacing Rules 8.1 and/or 8.2.  This rule shall not be construed so as to limit the power of the Board, and the powers stated are cumulative only of all other powers possessed by the Board.

(b)   If an exception to spacing rules is desired, application therefor shall be submitted by the applicant in writing to the Board at the District office on forms provided by the District.  The application shall:

(1)  Be accompanied by a $500 non-refundable processing fee, and

                  (2)  Be accompanied by a plat or sketch drawn to a scale of one (1) inch equaling one thousand six hundred (1,600) feet and shall accurately show:

(A)  the proposed well location or the applicant must provide a signed agreement that the well drilled under the authority of the permit will be located such that it is not in conflict with District spacing rules, and

(B)  the location of all existing wells within the designated distances described in Rules 8.1 and/or 8.2 on all affected properties, and

(C)  the land owner(s) name(s) and address(es), and

(3)  Show, by clear and convincing evidence, why a new well should be allowed to be drilled closer than the spacing required in Rules 8.1 and/or 8.2, and

(4)  State the maximum rate of production (gallons per minute) being requested, and

(5)  State the use of the water to be produced from the proposed well location, and

(6)  Be signed and sworn to by the applicant.

(c)    An exception may be granted by the Board after notice and hearing in accordance with Section 16 of these rules.

(d)   The Board may grant an exception to spacing request without notice and hearing provided that:

                                    (1)  The application, information and fee required in Rule 8.3(b) is submitted, and

(2)  The affected adjoining landowner(s) or their legal representative(s) appear in person at the district office and execute a waiver in writing on forms provided by the District.  If a person is seeking an exception to the spacing requirements in Rule 8.2, landowners affected shall be considered all landowners within ½ mile in all directions of the property on which the proposed well is to be located.  Information to be included on the waiver form shall include:

(A)  that the affected landowner(s) does not/do not object to the Board’s granting of such exception, and

(B)  the maximum rate of production (gallons per minute) the affected landowner(s) is/are agreeing may be produced, and

(C)  the proposed location of the excepted well site to which the affected landowner(s) is/are agreeing to, and

(3)   The waiver is signed and sworn to by the affected landowner(s).

(e)    If an exception to Rule 8.1 is sought for a tract of land that, due to the location of property lines, it is physically impossible to locate a well site that would not be in conflict with Rule 8.1 and there is no permitted well or permittable well location on the tract for which the exception is being sought, $400 of the fee required in Rule 8.3(b)(1) shall be refunded to the applicant upon meeting the requirements of Rule 6.2.

(f)     Waivers granting exceptions under this rule are valid for the same time period the accompanying Application for Temporary Water Well Permit is valid.

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