Texas Water Code 36.118 – Open or Uncovered Wells
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(a) A 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 with a covering capable of sustaining weight of at least 400 pounds, except when the well is in actual use.
(b) As used in this section, “open or uncovered well” means an artificial excavation dug or drilled for the purpose of exploring for or producing water from the groundwater reservoir and is not capped or covered as required by this chapter.
Terms Used In Texas Water Code 36.118
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
(c) If the owner or lessee fails or refuses to close or cap the well in compliance with this chapter in accordance with district rules, any person, firm, or corporation employed by the district may go on the land and close or cap the well safely and securely.
(d) Reasonable expenses incurred by the district in closing or capping a well constitute a lien on the land on which the well is located.
(e) The lien arises and attaches upon recordation in the deed records of the county where the well is located an affidavit, executed by any person conversant with the facts, stating the following:
(1) the existence of the well;
(2) the legal description of the property on which the well is located;
(3) the approximate location of the well on the property;
(4) the failure or refusal of the owner or lessee, after notification, to close the well within 10 days after the notification;
(5) the closing of the well by the district, or by an authorized agent, representative, or employee of the district; and
(6) the expense incurred by the district in closing the well.
(f) Nothing in this section affects the enforcement of Subchapter A, Chapter 756, Health and Safety Code.