FREQUENTLY ANSWERED QUESTIONS
- Q. What wells are eligible for exempt well status?[click here]
- A. A well qualifies for Exempt Well status if it is used solely for
domestic or agriculture use or for providing water for livestock or poultry that is either drilled,
completed, or equipped so that it is incapable of producing more than 25,000 gallons per day; and
certain wells for hydrocarbon exploration.
- Q. What is "Domestic Use"?[click here]
- A. Domestic use means the use of water at a single-family household to
support domestic activities including drinking, washing, and sanitation. It also include
irrigation for household lawns and gardens. Domestic use does not include use for any
commercial purpose or at any commercial establishment. Domestic use does not include a use
at any commercial establishment with a single-famiy household.
- Q. What is "Agricultural Use"?[click here]
- A. That answer is a little complicated, but it basically means raising
crops, plants, or animals for sale. Raising a horse for pleasure or a cow for milk for the
family would probably fall under Domestic Use rather than Agricultural Use. You should
review the District Rules definition section for more about this topic, or contact the
District Office with specific questions.
- Q. How much water is 25,000 gallons per day?[click here]
- A. That is a LOT of water! It means that the well must be capable
of producing more than 17.361112 gallons per minute. The average household uses about 400
gallons of water per day.
- Q. What requirements are there for an Exempt Well?[click here]
- A. Exempt Wells existing before June 11, 2003 are exempt from most District Rules
and do not require a Permit, but may be registered using the Exempt Well Registration Form. There is no
fee for registering. Existing Exempt Wells, drilled on or after June 11, 2003 are exempt from
permitting requirements and production fees, but shall not be exempt from pre-registration or
registration requirements and must be registered with the District using the Well Application Form.
There is no fee for registering. The District will review the completed documentation to verify that
the well is an Exempt Well. If the well is not exempt, the well owner must apply for an Operating Permit.
- Q. What if I want to drill an Exempt Well now?[click here]
- A. To drill a new Exempt Well requires pre-registration using the Well Application
Form and a drilling permit deposit of $50.00.
- Q. What happens to the $50.00 deposit?[click here]
- A. When the well is complete and all documents (including the State Well Report)
are submitted by the Driller, the District will review the complete well package to make a determination
as to the exempt status. If the well is determined to be exempt under the District Rules, and the
Texas Water Code Section 36.117, the $50.00 will be refunded. If the well is determined not to be
exempt, the $50.00 will be applied to an Operating Permit.
- Q. My exempt Well existed before June 12, 2003; should I register it?[click here]
- A. There are many reasons for the District to know about your well. It helps
the District develop and maintain water use information and to better understand the hydrogeology of the
area. This helps the District in its mission of protecting and preserving the groundwater resources within
the District. Registration will also help protect the owner's rights for water based on historical use records.
- Q. How do I know the District will not charge me for water
use in the future?[click here]
- A. State law prohibits such an action! State law defines Exempt Wells and prevents
the District from charging fees for drilling or production on these wells. Also, the legislation
authorizing the District prohibits such fees. The District cannot, by law, charge for Exempt Well
water use or charge a permit fee.
- Q. What about wasting water?[click here]
- A. All water used from any well must be for a beneficial purpose.
Waste water is a violation of the Texas Water Code and District Rules, and every well
owner is expected to do everything possible to prevent waste. Exempt Well rights do not
extend to the waste of water .
- Q. Who should complete the application form?[click here]
- A. The form should be completed by any person desiring 1.) To drill a new well within
the District. 2.) To modify, complete, change type of use, plug, abandon, or alter the size of
an existing well within the District. Application forms will be provided by the District and
furnished to the applicant upon request .
- Q. Do I have to complete more than one application if I plan to drill
or alter more than one well?[click here]
- A. Yes. A separate form must be completed for each well .
- Q. I think my well will be an exempt well; do I have to complete this form?[click here]
- A. Yes. Exempt Wells shall be registered with the District and all fees and/or deposits paid
before drilling. District staff will review the application and make a preliminary determination on whether the well
meets the requirements, exclusions, or exemptions. After the well is completed, the District will review the registration
application, driller log, state well report, and other information and make a final determination on whether the well
meets the requirements as an Exempt Well. Until a well is complete it may not be possible to establish that it is
an Exempt Well. If the well turns out not to be exempt, the well owner must apply for an Operating Permit.
- Q. Can the well driller or someone else complete the form for me?[click here]
- A. Maybe. The form must be signed by the property/well owner or authorized agent. This
authorization must be in writing, and specify the authority to act for the land owner. Wells for hydrocarbon exploration
may be signed by the land lease holder or authorized agent.
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