§ 8850.0303 — ABANDONED, DETERIORATED, OPEN, OR UNCOVERED WATER WELLS.

Texas § 8850.0303

• Jurisdiction: Texas
• Code SD: Special District Local Laws Code

Text

Sec. 8850.0303. ABANDONED, DETERIORATED, OPEN, OR UNCOVERED WATER WELLS. (a) In this section:
(1) "Abandoned well" and "deteriorated well" have the meanings assigned by Section 1901.255 , Occupations Code.
(2) "Open or uncovered well" has the meaning assigned by Section 36.118 , Water Code.
(b) The district may enter into a contract with a licensed water well driller to or a district employee may:
(1) cap an open, uncovered, or abandoned well; or
(2) plug and permanently close a deteriorated well.
(c) A district employee may plug a well under Subsection (b) only if the employee has received training in the proper method of plugging a well located in a karst topographic area.
(d) The district may require the owner or lessee of land on which an open or uncovered well is located to keep the well permanently closed or capped as provided by Section 36.118 , Water Code.
(e) The district may use any money available to the district, including money from grants, fees, or tax revenues, to pay reasonable expenses incurred by the district in plugging or capping wells on land in the district under this section. The reasonable expenses constitute a lien on the land on which the well is located in accordance with Section 36.118 (e), Water Code.
(f) The district may enforce this section against any person by injunction, mandatory injunction, or other appropriate remedy in a court of competent jurisdiction as provided by Section 36.102 , Water Code.

Legislative History

Added by Acts 2023, 88th Leg., R.S., Ch. 240 (H.B. 3731 ), Sec. 1, eff. September 1, 2023.