Texas Water Code Title 2, Chapter 28 - Water Wells And Drilled Or Mined Shafts

SUBCHAPTER A GENERAL PROVISIONS

SUBCHAPTER B WATER WELLS

• Texas Section 28.001 - Definitions
  In this chapter: (1) "Commission" means the Texas Natural Resource Conservation Commission. (2) "Executive Director" means the executive director of the Texas Natural Resource Conservation...
• Texas Section 28.011 - Underground Water: Regulations
  Except as otherwise provided by this code, the commission may make and enforce rules and regulations for protecting and preserving the quality of underground water....

SUBCHAPTER C DRILLED OR MINED SHAFTS

• Texas Section 28.012 - Certain Wells To Be Plugged Or Cased
  The owner of a water well which encounters salt water or water containing mineral or other substances injurious to vegetation or agriculture shall securely plug...
• Texas Section 28.021 - Permit From Commission
  No person desiring to drill, excavate, or otherwise construct a shaft as defined in this chapter may commence construction without first obtaining a permit for...
• Texas Section 28.022 - Application For Permit
  The commission shall prescribe forms for application for a permit and shall make the forms available on request without charge. Added by Acts 1983, 68th...
• Texas Section 28.023 - Information Required Of Applicant
  An applicant shall furnish any information the commission considers necessary to discharge its duties under this chapter and the rules of the commission. Added by...
• Texas Section 28.024 - Application Fee
  With each application for a shaft permit, the commission shall collect a fee as set by the executive director to reasonably offset the costs to...
• Texas Section 28.025 - Letter From Railroad Commission
  A person making application to the commission for a shaft permit shall submit with the application a letter from the railroad commission stating that such...
• Texas Section 28.026 - Inspection Of Shaft Location
  On receiving an application for a permit, the executive director shall have an inspection made of the location of the proposed shaft to determine the...
• Texas Section 28.027 - Recommendations From Other Agencies
  The executive director shall submit to such state agencies and other persons that the commission may designate copies of every application received in proper form....
• Texas Section 28.028 - Hearing On Permit Application
  (a) The commission shall hold an adjudicatory hearing on the application. (b) The commission by rule shall provide for giving notice of a public hearing...
• Texas Section 28.029 - Delegation Of Hearing Powers
  (a) The commission may authorize the chief administrative law judge of the State Office of Administrative Hearings to call and hold hearings on any subject...
• Texas Section 28.030 - Rules, Etc
  (a) The commission shall adopt rules reasonably required for the performance of the powers, duties, and functions of the commission under this chapter. (b) Such...
• Texas Section 28.031 - Issuance Of Permit
  (a) The commission may grant an application in whole or part and may issue the shaft permit if it finds: (1) that the use or...
• Texas Section 28.032 - Copies Of Permit; Filing Requirements
  (a) The commission shall furnish the railroad commission with a copy of each shaft permit the commission issues. (b) Before beginning shaft construction, a person...
• Texas Section 28.033 - Record Of Strata
  (a) The commission shall require a person applying for a shaft permit to drill or have drilled a test hole on center or offset to...
• Texas Section 28.034 - Geophysical And Drilling Log
  If the shaft is to be constructed over, around, or within 2,000 feet of an existing drilled borehole or boreholes, the commission shall require the...
• Texas Section 28.035 - Seismic Reflection Survey
  The commission shall require as a part of any shaft application a seismic reflection survey and velocity control data conforming, at minimum, to specifications established...
• Texas Section 28.036 - Casing, Liner, And Seal Requirements
  (a) The casing, liners, and seal(s) shall be set at the depth, with the materials, and in the manner required by the commission. (b) The...
• Texas Section 28.037 - Factors In Setting Casing, Liner, And Seal Requirements
  Before setting the casing, liner, and seal requirements, the commission shall consider: (1) known geological and hydrological conditions and relationships; (2) foreseeable future economic development...

SUBCHAPTER D COMMISSION AUTHORITY

• Texas Section 28.038 - Environmental Report
  If an environmental report, environmental assessment, or environmental impact statement of any kind that includes an analysis of the environmental impacts of the shaft construction...
• Texas Section 28.051 - Power To Enter Property
  Members of the commission, employees and agents of the commission, and authorized agents or employees of local governments may enter public or private property at...
• Texas Section 28.052 - Power To Examine Records
  Members of the commission, employees and agents of the commission, and authorized agents or employees of local governments may examine and copy those records or...
• Texas Section 28.053 - Financial Responsibility
  (a) The commission may require in a shaft permit that the permittee reimburse the commission for reasonable costs of monitoring and on-site, full-time surveillance to...

Last modified: September 28, 2016