(a) No permittee may drill an exploration borehole within 150 horizontal feet of an existing water well without the written consent of the well owner.
(b) Each permittee shall:
  (1) segregate topsoil from subsoil and salvage it while digging a mud pit;
  (2) protect livestock from open mud pits; and
  (3) prevent surface-water runoff from entering open mud pits.
(c) Each permittee shall ensure that reclamation of the drill site occurs as contemporaneously as practicable with the drilling activity. When drilling activities are complete, the permittee shall:
  (1) allow the mud pit to dry and then backfill with native subsoil followed by topsoil, to the extent that topsoil was originally present;
  (2) properly dispose of trash and other debris brought to or generated at the drill site by the permittee; and
  (3) return the disturbed area to approximate original contour and appropriately revegetate.
(d) Each permittee shall notify the division prior to any of the following to allow scheduling of inspections:
  (1) when drilling operations will initially commence or recommence;
  (2) when drilling will cease for greater than 30 days; and
  (3) when cessation of drilling and plugging will be completed for the permit term.

Source Note: The provisions of this §11.138 adopted to be effective November 1, 2010, 35 TexReg 9724