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 §§12.501-12.503 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.

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