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District Programs and Activities
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SECTION 9. PERMITTING PROCEDURESRULE 9.1 ISSUANCE OF TEMPORARY WATER WELL PERMITS (a) The Board shall issue or cause to be issued sequentially numbered temporary water well permits for the purposes of drilling a water well determined to require said permit in accordance with Section 5 of the District rules. (b) An Application for Temporary Water Well Permit (permit) shall be considered filed when properly filled out on District forms, signed, tendered and accompanied by the required deposit at the District office. (c) The signatures of three Directors of the District on a permit shall constitute a recommendation that the permit be issued. (d) If, after preliminary staff evaluation, it is determined that the applicant is in compliance with District rules on the subject property, the application may be issued and the applicant may proceed at his own risk to drill the permitted well. RULE 9.2 ELEMENTS OF AN APPLICATION FOR TEMPORARY WATER WELL PERMIT (a) An applicant must qualify himself in one of the following ways: (1) If the applicant is an individual, the application shall be signed by the applicant or his duly appointed agent (2) An Agent’s authority to represent the applicant is met when the district’s Power of Attorney form is completed. (A) Such authority may be granted solely for said permit. (3) If the application is by partnership, the applicant shall be designated by its legal firm name and the application shall be signed by at least one of the general partners who is duly authorized to bind all of the partners. (4) In the case of a corporation, public district, county or municipality, the application shall be signed by a duly authorized official. A copy of the resolution or other authorization to make the application may be required by the officer or agent receiving the application. (5) In the case of an estate or guardianship, the application shall be signed by the duly appointed guardian or representative of the estate. (b) Information required on the application is as follows: (1) The name and address of the owner of the land upon which the application is made. (2) The proposed location of the well to be drilled as provided in the application including Block and Section and: (A) the number of feet to each of two non-parallel property lines and the number of feet to existing wells on the property, or (B) the location of all existing wells measured in feet from the nearest two non-parallel property lines, and 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 Rules 8.1 and 8.2. (3) Verification of total contiguous acreage of land owned by landowner on which the well is to be drilled. (4) Existing production of groundwater on the subject property. (c) The application must be signed and sworn to. RULE 9.3 TIME DURING WHICH PERMIT SHALL REMAIN VALID Any permit granted hereunder shall be valid if the work permitted shall have been completed within four (4) months from the filing date of the application. It shall thereafter be void. Drilling is not allowed under a voided permit. RULE 9.4 RULE 9.4 PROOF OF REGISTRATION OR PERMIT REQUIRED (a) Any person actively engaged in the drilling of a well must have in their possession, while at the drilling site: (1) Either the completed original or copy of the Water Well Registration or approved Application for Temporary Water Well Permit or, (2) the official number of the appropriate completed Water Well Registration or approved Application for Temporary Water Well Permit. (b) Any person actively engaged in the drilling of a well must provide proof of 9.4(a)(1) or 9.4(a)(2) if requested by any District director, employee or other legally authorized agent who presents his official credentials. RULE 9.5 RULE 9.5 APPROVAL OF WATER WELL PERMITS (a) Upon completion of the work, District staff shall inspect the permitted site and recommend the Board either approve or disapprove the permit. (1) The staff recommendation shall be based on a review of whether the permitted site meets the District’s permitting rules. (b) The application shall not be officially approved until the same shall have been passed upon and granted by the Board during its regular course of business. (c) If before the Board officially approves a permitted well location, a contest shall arise over the application, then the Board may conduct a hearing in accordance with Section 16 of these rules. |