Title SD, Special District Local Laws Code

Sec. 8834.206. PERMIT REQUIRED. (a) A well owner must obtain a permit from the board before: (1) drilling, equipping, or completing the well; (2) substantially altering the size of the well or a well pump; or (3) operating the well. (b) An operational well must have a permit. (c)…

Sec. 8834.207. APPLICATION FOR PERMIT. (a) A person must submit an application and an application fee to the board to obtain a permit under this chapter. (b) The application must state: (1) the person's name and address; (2) the location and wellhead elevation of the well or prop…

Sec. 8834.208. NOTICE AND HEARING ON PERMIT APPLICATION. (a) The board shall hold a hearing on each permit application. (b) Not later than the 10th day before the date set for the hearing, the board shall notify the applicant by regular mail or by certified mail, return receipt r…

Sec. 8834.209. ISSUANCE OF PERMIT. (a) Not later than the 60th day after the date of the hearing on a permit application, the board shall: (1) decide whether to issue the permit; and (2) prescribe the terms of the permit, if it decides to issue the permit. (b) In deciding whether…

Sec. 8834.210. TERM OF PERMIT. (a) A permit issued under this chapter expires on the first anniversary of the date of issuance, unless the board specifies a different period. (b) To aid the district in the effective and expeditious performance of its duties, the board may issue a…

Sec. 8834.211. RENEWAL OF PERMIT. The board may renew a permit in the manner provided for issuing an original permit. Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8834.212. PERMIT FEES. (a) When the board issues or renews a permit, the board shall collect a permit fee from the applicant. The fee shall be determined by a schedule based on: (1) the term of the permit; and (2) the maximum annual amount of groundwater the board authorizes…

Sec. 8834.213. TRANSFERRING PERMIT. (a) A permit is transferable only if the permit holder and the new owner of the well notify the district by certified mail, return receipt requested, of: (1) the transfer of ownership of the well; and (2) the name and address of the new owner. …

Sec. 8834.214. ANNUAL REPORT. (a) Before January 31 each year, a well owner who is required to hold a permit under this chapter shall submit to the board a report stating: (1) the well owner's name; (2) the location of the well; (3) the total amount of groundwater withdrawn from …

Sec. 8834.215. REDUCTION OF GROUNDWATER USE. (a) The board by order may require a person to completely or partially discontinue the use of groundwater by: (1) acquiring an alternative water supply needed to replace the water supply covered by the order; or (2) participating in a …

Sec. 8834.216. OPEN OR UNCOVERED WELLS. (a) The district may require the owner or lessee of land on which an open or uncovered well is located to keep the well closed or capped with a covering capable of supporting not less than 400 pounds when the well is not in actual use. (b) …

Sec. 8834.251. APPEAL OF DISTRICT ACTIONS. (a) A person who is adversely affected by a rule, order, or other official action of the board, including a person residing in or owning real property in the district whose residence or real property is subsiding, may appeal the action t…

Sec. 8834.252. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) If a person has violated, is violating, or is threatening to violate this chapter or a district rule, permit, or order, the district may institute an action in a district court in the district for: (1) an injunction to restrain…