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Hickory UWCD No. 1
Rules AS OF DECEMBER 12, 1995
Preamble
RULE 4 Permit Application Procedures
RULE5 Required Data for Permit
RULE 9 General Rules of Procedure for Hearing
RULE 10 Requirements Prior to Start of Production
RULE 11 Time During Which Drilling Shall Be Initiated
RULE 12 Continuing Right of Supervision
RULE 13 Inspecting and Testing Wells
RULE 14 Open Wells to be Capped
RULE 16 Report of Annual Water Use
RULE 6a Outcrop Depletion Protection
PREAMBLE
In accordance with the terms and provisions of Article XVI Section 59 of the Constitution of Texas and Chapters 36 of the Texas Water Code, the following rules are hereby ratified and adopted by the Hickory Underground Water Conservation District No. 1. Nothing in these rules shall be construed as depriving or divesting the right of ownership as recognized by Section 36.002 of the Texas Water Code.
The rules, regulations and modes of procedure herein contained are and have been adopted for the purpose of simplifying procedure, avoiding delays, saving expense, and facilitating the administration of the ground water laws of the State by the District. These rules shall pertain only to the Hickory aquifer.
These rules may be used as guides in the exercise of discretion, where discretion is vested. However, under no circumstances, and in no particular case shall they, or any of them, be construed as a limitation or restriction upon the exercise of any discretion, where such exists; nor shall they in any event be construed to deprive the Board of an exercise of powers, duties, and jurisdiction conferred by law, nor to limit or restrict the amount and character of data or information which may be required for the proper administration of the law.
Unless the context hereof indicates a contrary meaning, the words hereinafter defined shall have the following meaning in these rules:
(a) "Abandoned Well" shall mean a well that has not been used for six consecutive months. A well is considered to be in use in the following cases:
(1) A non-deteriorated well which contains the casing, pump and pump column in good condition; or
(2) A non- deteriorated well which has been capped.
(b) "Applicant" shall be the owner of the land on which the well or proposed well is located, unless the landowner authorizes another person to own the permit or registration.
(c) "Artesian Well" shall mean a well completed in the confined portion of an aquifer such that, when properly cased, water will rise in the well, by natural pressure, above an overlying impermeable stratum.
(d) "Beneficial Use" or "Beneficial Purpose"
shall mean use for:
(1) agricultural, gardening, domestic,
stock raising, municipal, mining, manufacturing, industrial, commercial,
recreational, or pleasure purposes;
(2) exploring for, producing, handling, or treating oil, gas, sulphur, or other minerals; or
(3) any other purpose that is useful and beneficial to the users that does not commit waste as defined in this rule.
(e) "Board" shall mean the Board of Directors of the Hickory Underground Water Conservation District No. 1, consisting of five (5) duly elected members.
(f) "Casing" shall mean a tubular watertight structure installed in an excavated or drilled hole to maintain the well opening.
(g) "Conservation" shall mean those practices, techniques, and technologies that will reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water, or increase the recycling and reuse of water .
(h) "Deteriorated Well" shall mean a well, the condition of which will cause, or is likely to, based on judgement of the Board, cause pollution of any water in the District.
(i) "District" shall mean the Hickory Underground Water Conservation District No. 1. When applications, reports and other papers are required to be filed or sent to "the District" this means the District's headquarters in Brady, Texas.
(j) "Driller's Log" shall mean a record, made at the time of drilling, showing the depth, thickness, character of the different strata penetrated, and location of water-bearing strata, as well as the depth, size, and character of casing installed.
(k) "Flow monitoring device" shall mean an electrical or mechanical register that incorporates both a digit totalizer and instantaneous flow-rate indicator utilizing generally accepted units (i.e. gallons, acre feet, or acre inches).
(l) "Fresh Water" shall mean water having physical and chemical properties such that it is suitable and feasible for beneficial use.
(m)"General Manager" shall mean a person selected by the Board to manage and operate the affairs of the District subject only to the orders of the Board.
(n) "Groundwater" shall mean water in the Hickory Aquifer suitable for agricultural, gardening, public supply, domestic, or stock raising uses, percolating below the earth's surface, but shall not include water in a defined subterranean stream or in the underflow of a river.
(o) "Licensed Water Well Driller" shall mean any person who holds a license issued by the State of Texas pursuant to the provisions of the Texas Water Well Drillers Act, as amended, and the substantive rules of the Water Well Drillers Board, or its successors.
(p) "Open" or "Uncovered Well" shall mean any well not capped or covered as required by these rules.
(q) "Permit" shall mean a drilling and production permit as described in Rule 3.
(r) "Person" shall mean and include any individual, partnership, firm, corporation, entity, municipal corporation, unincorporated area, government, or governmental subdivisions or agency, business trust, estate, trust, or any other legal entity or association.
(s) "Plugging" shall mean an absolute sealing of the well bore in accordance with the Texas Water Well Drillers rules.
(t) "Pollution" shall mean the alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water in the District, that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property; or to public health, safety, or welfare; or impairs the usefulness of the water for any lawful or reasonable purpose.
(u) "Underground Water" shall mean water in the Hickory Aquifer suitable for agricultural, gardening, public supply, domestic, or stock raising uses, percolating below the earth's surface, but shall not include water in a defined subterranean stream or in the underflow of a river.
(v) "Undesirable Water" shall mean water that is injurious to vegetation, land or fresh water, or water that can cause pollution.
(w) The word "Waste" as used herein shall mean any one or more of the following:
(1) The withdrawal of groundwater from an underground
water reservoir at a rate and in an amount that causes or threatens to cause
intrusion into the reservoir, water unsuitable for agricultural, gardening,
domestic, or stock raising purposes;
(2) The flowing or producing of water from an the Hickory
underground water reservoir if the water produced is not used for a beneficial
purpose;
(3) The escape of groundwater from an underground
reservoir to any other reservoir that does not contain groundwater, or contains
undesirable water;
(4) The pollution or harmful alteration of groundwater in
an underground water reservoir by salt water, other deleterious matter admitted
from another stratum or from the surface of the ground;
(5) Willfully or Negligently causing, suffering, or
permitting groundwater to escape into any river, creek, natural water course,
depression, lake, reservoir, drain, sewer, street, highway, road, or road
ditch, or onto any land other than that of the owner of the well or;
(6) Groundwater pumped for irrigation that escapes as
irrigation tail-water onto land other than that of the owner of the well unless
permission has been granted by the occupant of the land receiving the
discharge.
(7) The loss of groundwater in the
distribution system and/or storage facilities of a public water supply system
in excess of 20% of total annual pumpage.
This loss is also termed "shrinkage", "line loss" or "unaccounted
for water". Excessive line loss is
a non-beneficial use of groundwater.
(x) "Water" shall mean groundwater.
(y) "Well" or "Water Well" shall mean and include any artificial excavation into which groundwater from the Hickory aquifer may flow and be produced.
(z) "Well Location" shall mean the location of a proposed well on an application duly filed until such application is granted or denied, or the location of a well on a valid permit.
Registration is required for all wells drilled in the Hickory Aquifer that are exempt from permitting under Rule 3(c), including wells used for monitoring purposes. For those wells not drilled as of the effective date of this Rule, registration forms shall be submitted a minimum of ten (10) days prior to the start of drilling. A registration shall include the following information, submitted on forms provided by the District:
(a) The
exact location of the well including the County, section, block, or other legal description;
(b) Use or proposed use of well;
(c) Size or proposed size of the pump;
(d) For those wells drilled after the effective date of this Rule an agreement, by the applicant, that a complete well construction registration form and Driller's and geophysical log (if available) will be furnished to the District upon completion of the well and prior to the production of water from the well.
(e) Such additional data as may be required by the General Manager; and
(f) The name and address of the applicant for registration.
(g) Water quality analysis of registered monitoring wells are also required to be provided to District semi-annually.
(h) No person shall produce water from any well hereafter drilled and equipped within the District, except that necessary to the drilling and testing of such well and equipment, unless or until the District has been furnished an accurate driller's log, any electric log which may have been made, and a registration submitted on forms furnished by the District.
(a) No person shall
drill, own, pump or operate a well or produce groundwater from a well located within the Hickory aquifer without
a permit unless that well is exempt under Rule 3 (c).
(b) The permit shall
specify and authorize: the drilling of
the well, the location of the well, annual maximum production allowed from the
well, ownership of the well and permit and use of water from the well. All
rights and authority granted under the permit may not be changed or transferred
except as provided for in accordance with Rule 8.
(c) The following
Hickory aquifer wells are not required to have a permit from the District:
(1) A well not
capable of producing more than 25,000 gallons of water in a 24-hour period;
(2) A well households
and a person who is a member of each household is either the owner of the well, a person related to the owner
or a member of the owner's household within the second degree by consanguinity,
or an employee of the owner;used to satisfy the domestic needs of ten (10) or
fewer
(3)
A well used to provide
water for feeding livestock and poultry connected with farming, ranching, or
dairy enterprises;
(4)
A well used only to
supply water for hydrocarbon production activities that are associated with any
well permitted by the Railroad Commission of Texas drilled before September 1,
1995;
(5)
Jet wells used for
domestic needs; or
(6)
A well that is abandoned
or not used.
(d) Owners of all wells not
exempt by Rule 3(c) shall be required to obtain a permit following the
procedures in Rule 4.
RULE 4 - PERMIT APPLICATION PROCEDURES
(a) Application for
a permit shall be made at the office of the District at Brady,
Texas. The General Manager, or other authorized person in the office of
the District, shall note on the face of the application the date and time of
day on which such application is received and shall give such application a
serial number showing its relative priority as to the time of applications
later filed. The General Manager shall
determine whether the application contains the maps, and other data required by
the District's rules and make a determination as to whether the application is
administratively and technically complete.
If the General Manager determines that an application is incomplete, the
General Manager shall notify the applicant of the deficiencies and provide the
applicant an opportunity to provide the necessary information.
(b) The District
shall conduct a public hearing on each application. The General Manager shall
set the application for hearing within 20 days after the filing of an
application that is technically and administratively complete. The hearing
shall be held within 35 days after the
setting of the hearing. An application shall not be considered complete until
all information required herein as well as all information specifically and
timely requested by the District has been furnished by the applicant.
(c) The General Manager shall give notice of the hearing on the application as prescribed by this section. The notice shall:
(1) State the name and address of the applicant;
(2) State the date the application was filed;
(3) State the location of the well;
(4) State the nature of the proposed use;
(5) Specify the time and place of the hearing;
(6) Give any additional information the General Manager considers necessary;
(7) Be mailed by certified mail to the applicant not less than ten (10) days prior to the hearing, and notice shall be provided to the public in the manner the District notices its public meetings.
(d)
At the time and place stated in the notice, the Board shall hold a
public hearing on the application. The
hearing may be held in conjunction with any regular or special meeting of the
Board, or a special meeting may be called for the purpose of holding a
hearing. The hearing shall be held in
accordance with Rule 9.
(e) After the hearing the Board shall, within 35 days, make a written decision granting or denying the application. The application may be granted in whole or in part as amended.
(f) Such application shall be approved unless the Board finds and determines the groundwater to be produced within the District will not be put to beneficial use or will constitute waste.
(g) On approval of an application, the District may issue a permit to the applicant subject to any safeguards or restrictions the Board determines are necessary in order to conserve the groundwater, prevent waste, minimize as far as practicable the draw-down of the water table or the reduction of artesian pressure, or lessen interference between wells. The applicant's right to produce shall be limited to the rate, term, quantity and purpose(s) stated in the permit. The District may issue a permit for lesser quantities or a lesser term than is requested by the applicant.
RULE 5 - REQUIRED DATA FOR PERMIT
The permit application required under Rule 4 shall be
filed with the District on the form or forms promulgated by the District. The permit application shall:
(a) Contain the name, post office address and place of residence or principal office of the applicant;
(b) Identify the exact location of the well from which the water is to be produced;
(c) Describe specifically the well and the production facilities;
(d) State the nature, amount and purposes of the use;
(e) State the date initial production of water is intended to begin;
(f) State the length of time and pumping periods required for the use of water;
(g) Identify the exact location of wells listed under other applications or permits related to this water project;
(h) Describe the applicant's plan for prevention of waste and conservation of the water;
(i) State the effect of the proposed production on the quantity, quality and artesian pressures of the groundwater available within the District and satisfy the requirements of Rule 6A, if applicable.
(j) Provide such other information as may be specifically requested by the General Manager;
(k) Be signed by the applicant;
(l) Be accompanied by a map or plat indicating the scale and showing substantially:
(1) The location of the well; and
(2) The location of any existing or related wells and facilities; and
(3) The locations of the place of use of the water produced; and
(m)Include a payment as required by the District's schedule of fees to cover the cost of administrative and technical review.
(n) In addition for permit applications submitted on pre-existing wells the permit application shall include:
(1) The actual well completion including: date drilled, material settings, borehole diameter(s), casing and screen diameters, pump size and diameter, drilling logs and geophysical logs, if available;
(2)
The amount of water that has been used annually from this well for the past five (5) years;
(3) The use(s) of water produced by the well for the past five (5) years.
RULE 6 - PERMIT TERM AND RENEWAL
(a) Permits issued by the District are effective for three (3) years from the date of issuance. Each permit shall be considered for renewal every three (3) years from the anniversary of the original date of permit issuance. A permit issued prior to the effective date of this Rule shall be first considered for renewal on the next date that corresponds to a three year multiple of the anniversary of the original date of issuance, and then every three (3) years thereafter.
(b) At least sixty (60) days prior to a permit renewal date, the District shall review the permit conditions and permit owner's compliance with permit conditions, rules and orders of the Board.
(1) If the District makes a determination that a permit owner is in compliance with the permit conditions, rules and orders, the permit shall be automatically renewed and a renewal permit shall be issued to the permit owner, prior to the renewal date, with no material changes to the rights conditions, use of water, location of water use, or production amount; or
(2) If the District makes a determination that a permit owner is in general compliance with the permit conditions, rules and orders, but that additional information or updating of information is required, the District shall notify the permit owner by certified mail at least sixty (60) days prior to the permit renewal date of the requirements for permit renewal. The permit shall automatically be renewed and the permit issued upon the District's determination of receipt of all required renewal information, if received prior to the permit renewal date. If the District does not receive the required information prior to the renewal date, the permit shall not be renewed; or
(3) If the District makes a determination that a permit owner is not in compliance with the permit conditions, rules and orders, the District shall notify the permit owner by certified mail at least sixty (60) days prior to the permit renewal date, and specify the District's findings. If the items of non-compliance are not corrected prior to the renewal date the permit shall not be renewed.
After notice and opportunity for hearing, the Board may review, revise, recall, cancel, reallocate or change, in whole or part, the permit or permits for:
(a) All wells which are contributing to a cumulative net water-level decline averaging seven (7) feet or more, occurring over any consecutive three year period, as determined from a group of not less than ten (10) hydrologically connected wells located within the outcrop area of the Hickory aquifer; or
(b) Any well where the permit owner is not in compliance with any permit condition, rule or order of the Board, or the permit was obtained by misrepresentation or failure to disclose relevant facts.
(a) A permittee may apply for a transfer of ownership of any permit granted by the District, and such transfer may be approved as a ministerial act upon filing the required information. However, a transfer of ownership shall be approved as a ministerial act only if the transfer is to change the ownership of the permit and no other changes to the permit are requested.
(b) A permittee may apply to the District for changes in the use, location of production, location of use for municipal or industrial purposes, maximum permitted quantity or any other changes required. The application shall state in writing the reason, nature and the purpose of the proposed changes. The application for amendment shall be in the same form as the original permit application. The General Manager may request any additional relevant information necessary to analyze the request for the amendment. A change in the location of use for uses other than municipal or industrial purposes does not require a permit revision or District approval.
RULE 9 - GENERAL RULES OF PROCEDURE FOR HEARING
(a) NATURE OF HEARING: Hearings will be conducted in such manner as the Board deems most suitable to the particular case, and technical rules of legal and court procedure need not be applied. It is the purpose of the Board to obtain all the relevant information and testimony pertaining to the issue before it as conveniently, inexpensively and expeditiously as possible without prejudicing the rights of either applicant or protestants.
(b) HEARING OFFICER: The Board may authorize the President, a Director, or any individual acting on the Board's behalf to serve as a hearing officer and to conduct hearings for the Board. If a hearing is conducted by an officer, this officer shall present a written report of the hearing and recommendation to the Board. The hearing officer shall have the authority to administer oaths and to make all rulings necessary and appropriate to conduct the hearing.
(c) WHO MAY APPEAR: Any party at interest in a proceeding, may appear, either in person or by attorney or both, in such proceeding. A party at interest is any land or permit owner within the bounds of the District who is, or may be, affected by such proceeding, At the discretion of the Board, anyone not a party at interest in a proceeding may appear.
(d) ADMISSIBILITY: Evidence will be admitted if it is of that quality upon which reasonable persons are accustomed to rely in the conduct of serious affairs. It is intended that needful and proper evidence shall be conveniently, inexpensively and speedily produced while preserving the substantial rights of the parties to the proceeding.
(e) TESTIMONY SHALL BE PERTINENT: The testimony shall be confined to the subject matter contained in the application or contest. In the event that any party at a hearing shall pursue a line of testimony or interrogation of a witness that is clearly irrelevant, incompetent, or immaterial, the person conducting the hearing may forthwith terminate such line of interrogation.
(f) A STIPULATION: Evidence may be stipulated by agreement of all parties of interest.
(g) LIMITING NUMBER OF WITNESSES: The right is reserved to the Board in any proceeding to limit the number of witnesses appearing whose testimony may be merely cumulative.
RULE 10 - REQUIREMENTS PRIOR TO START OF PRODUCTION
For wells completed after the effective date of these Rules, production shall not commence until:
(a) The permit owner submits a complete record concerning the drilling, equipping and completion of the well. Such report shall include an accurate driller's log, any electric log which may have been made, and such additional data concerning the description of the well, its discharge, and its equipment as may be required by the General Manager. Such reports shall be filled with the District at its office in Brady, Texas within 30 days after completion of the well. Failure to timely file required reports will subject the person to the civil penalty; and
(b) The well has been equipped with a flow monitoring device approved by the District and available for District inspection.
RULE 11 - TIME DURING WHICH DRILLING SHALL BE INITIATED
Actual on site drilling, pursuant to a permit granted by the District, shall be initiated within four(4) months from the date the permit is issued. If such drilling is not initiated within the four(4) months the permit is void and drilling may not be initiated; provided, however, that the General Manager, for good cause, may extend the life of such permit for an additional four (4) months if an application for such extension shall have been made to the District during the first four(4) month period. Provided further, that when it is made known to the District that a proposed project will take more time to complete, the General Manager upon receiving written application, may grant such time as is reasonably necessary to complete such project.
RULE 12 - CONTINUING RIGHT OF SUPERVISION
(a) All District permits are issued subject to the rules of the District and to the continuing right of the District to regulate groundwater within the District's boundaries as authorized by Chapter 36, Texas Water Code, as amended.
(b) The decision of the Board on any matter contained herein may be reconsidered by it on its own motion or upon motion showing changed conditions, or upon the discovery of new or different conditions or facts after the hearing or decision on such matter. If the Board should decide to reconsider a matter, after having announced a ruling or decision, or after having finally granted or denied an application, it shall give notice to persons who were proper parties to the original action, and such persons shall be entitled to a hearing thereon, if they file a request thereof within fifteen days from the date of the mailing of such notice. Any reconsideration shall recognize any existing rights created by the original decision.
RULE 13 - INSPECTING AND TESTING WELLS
The District shall have the authority to inspect and/or test water wells for the purpose of collecting data regarding water production, water levels and water quality and for the purpose of determining whether pollution or waste is occurring or whether a violation of law or of any permit exists. However, no District officer, employee or representative shall enter onto private property for such purposes without first obtaining the consent of the landowner or other person in possession, except as otherwise authorized by applicable law or regulation or when a properly obtained court order authorizes such entry.
RULE 14 - OPEN WELLS TO BE CAPPED
Every owner or operator of any land within the District upon which is located any open or uncovered well (as defined in Section 36.118 of the Texas Water Code) is, and shall be, required to plug, close or cap the well safely and securely with a covering capable of sustaining weight of at least four hundred (400) pounds, or other method approved be the General Manager, except when said well is in actual use by the owner or operator thereof; and no such owner or operator shall permit or allow any open or uncovered well to exist in violation of this rule. Officers, agents and employees of the District are authorized to serve or cause to be served, written notice upon any owner and/or operator to close or cap such well with a covering in compliance with this rule. In the event any owner or operator fails to comply with such request within thirty (30) days after such written notice, any officer, agent or employee of the District may go upon said land and close or cap said well in a manner complying with this rule and all reasonable expenditures thereby incurred may be billed to the owner/operator of said well or may constitute a lien upon the land. Any officer, agent or employee of the District, is authorized to perfect said lien by the filing of the affidavit authorized by Section 36.118 of the Texas Water Code. All of the powers and authority granted in such section are hereby adopted by the District, and its officers, agents, and employees are hereby bestowed with all of such powers and authority.
RULE 15 - CONSERVATION MEASURES
The Board may impose measures deemed appropriate to provide for the conservation of groundwater to prevent waste and to carry out the duties of the District, including requiring:
(c) All water supply systems to institute a conservation oriented rate structure in the sale of water to their retail customers.
(d) All water supply systems to have a water conservation plan which requires:
1. Voluntary conservation measures and information/education programs;
2. Promotion of water saving devices and water efficient landscaping; and
3. Other conservation criteria set by the Board.
(e) All permit applications to contain a statement relating to effective water conservation programs and methods that will insure a concerted water conservation program. Irrigation water users may be required to obtain an irrigation water management plan in cooperation with the local soil and water conservation district.
RULE 16 - REPORT OF ANNUAL WATER USE
All permittees shall annually report to the District the total amount pumped per well during the previous year. To facilitate reporting the District will make available forms to report the amount of water used annually. Reports must be completed and returned to the District office in Brady, Texas by March 15th of the year following the reporting period. Failure to timely file the annual report will subject the permittee to a civil penalty and other sanctions provided in these rules.
All wells shall be drilled, completed, equipped and maintained so as to comply with the standards and regulations of the Texas Natural Resource Conservation Commission.
RULE 18 - ENFORCEMENT OF RULES
If the Board determines that it appears a person has violated, is violating, or is threatening to violate any provision of Chapter 36 of the Texas Water Code, or any rule, regulation, permit, or order of the District, the Board may institute and conduct a suit in the name of the District for injunctive relief, for recovery of a civil penalty or for both injunctive relief and penalty.
(a) The Board may set reasonable civil penalties for breach of any rule of the District that shall not exceed the jurisdiction of a justice court as provided by Section 27.031, Government Code.
(b) A penalty under this section is in addition to any other provided by the law of this state and may be enforced by complaints filed in the appropriate court of jurisdiction in the county in which the District's principal office or meeting place is located.
(c) If the District prevails in any suit to enforce its rules, it may, in the same action, recover reasonable fees for attorneys, expert witnesses, and other costs incurred by the District before the court. The amount of the attorney's fees shall be fixed by the court.
(d) A person who is in breach of a District rule is subject to civil penalties not to exceed $5,000.00 or as provided for under paragraph (b) of this rule.
REPEAL OF PRIOR REGULATIONS
All of the previous rules and regulations of the District have been revised and amended; and except as they are herein republished, they are repealed. Any previous rule or regulation which conflicts with, or is contrary to, these rules is hereby repealed.
SAVINGS CLAUSE
If any section, sentence, paragraph, clause, or part of these rules should be held or declared invalid for any reason by the final judgment of the courts of this state or of the United States, such decision or holding shall not affect the validity of the remaining portions of these rules; and the Board does hereby declare that it would have adopted and promulgated such remaining portions of such rules irrespective of the fact that any other sentence, section, paragraph, clause, or part thereof may be declared invalid.
RULE PREAMBLE
Whereas the water table in the outcrop area of the Hickory Aquifer is declining, a majority of wells in the District are in the outcrop area of the Hickory Aquifer, and yields of wells in the outcrop area of the Hickory Aquifer are being impacted by water-level declines, the District herein adopts Rule 6A and amends Rule 5 to minimize, as far as practicable, the drawdown of the water table:
RULE 6A -
OUTCROP DEPLETION PROTECTION
(a) Each permit application or related group of applications, requesting new or additional production of greater than 500 acre feet per year of groundwater shall include a study of the effects of the proposed production in the quantity and quality of groundwater within the District (the "Study").
(b) Each permit application, or related group of applications, requesting new or additional production of greater than 1000 acre feet per year of groundwater shall include in the study an evaluation of the impact of the proposed production on the water levels in the outcrop of the Hickory Aquifer.
(c) The District shall deny in whole or part any permit application subject to Rule 6A(b) which, due to its proposed production volume, will cause or contribute to an average decline in water levels in the outcrop of the Hickory Aquifer, or relevant parts therein, to exceed 1.2 feet per year, based upon a three year average of water levels. The burden of proof as to compliance with this rule is on the permit applicant.
(d) The evaluation of the impact of proposed production on the water levels in the outcrop shall consist of:
(1) Evaluating the historical rate of water-level decline in the outcrop area or areas relevant to the permit application, then estimating the additional water-level decline which will be caused by the proposed production in the relevant outcrop area or areas:
(2) The evaluation shall use a statistically valid trend analysis, a computer model, or any other method commonly used by professional groundwater hydrologists which will provide accurate results and is acceptable to the District.
(e) The District shall undertake a study of the rate of depletion of water from the outcrop areas of the Hickory Aquifer at least once every five years, to evaluate the rate of decline and the impact of such decline on outcrop wells ("Outcrop Decline Study"). Based upon the results of the Outcrop Decline Study, the District shall evaluate methods to limit or reduce the rate of water level decline in the outcrop areas, including enacting groundwater production restrictions.
(1) State the effect of the proposed production of the quantity, quality, and artesian pressures of the groundwater available within the District and satisfy the requirements of Rule 6A, if applicable.