16 Tex. Admin. Code § 12.520

Current through Reg. 49, No. 38; September 20, 2024
Section 12.520 - Hydrologic Balance: Transfer of Wells
(a) An exploratory or monitoring well may only be transferred by the person who conducts underground mining activities for further use as a water well with the prior approval of the Commission. That person and the surface owner of the lands where the well is located shall jointly submit a written request to the Commission for that approval.
(b) Upon an approved transfer of a well, the transferee shall:
(1) assume primary liability for damages to persons or property from the well;
(2) plug the well when necessary, but in no case later than abandonment of the well; and
(3) assume primary responsibility for compliance with §§ RSA 12.501-RSA 12.503 of this title (relating to Casing and Sealing of Exposed Underground Openings: General Requirements, to Casing and Sealing of Exposed Underground Openings: Temporary, and to Casing and Sealing of Exposed Underground Openings: Permanent) with respect to the well.
(c) Upon an approved transfer of a well, the transferor shall be secondarily liable for the transferee's obligation under subsection (b) of this section, until release of the bond or other equivalent guarantee required by Subchapter J of this chapter (relating to Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations) for the area in which the well is located.

16 Tex. Admin. Code § 12.520

The provisions of this §12.520 adopted to be effective April 7, 1997, 22 TexReg 3093.