(a) The Commission has jurisdiction over uranium exploration boreholes and cased exploration wells completed under an exploration permit until:
  (1) exploration boreholes and cased exploration wells are properly plugged in accordance with §11.138 of this title (relating to Uranium Exploration Drill Site Operating and Reclamation Requirements); or
  (2) cased exploration wells are either:
    (A) registered with the Texas Commission on Environmental Quality; or
    (B) included in an area permit issued by the Texas Commission on Environmental Quality under Texas Water Code, Chapter 27.
(b) Each permittee shall register each cased exploration well with the Texas Commission on Environmental Quality pursuant to the requirements in 30 TAC §331.221 (relating to Registration of Wells).
(c) A well described in §11.131(f) of this title (relating to Uranium Exploration Permit: General Provisions) is subject to a groundwater conservation district's rules regarding registration of wells if:
  (1) the well is located in the groundwater conservation district and is used for monitoring purposes; and
  (2) the cumulative amount of water produced from the wells located inside the area subject to and completed under the exploration permit issued exceed 40 acre-feet in one permit year.
(d) A well described in §11.131(f) of this title is subject to a groundwater conservation district's rules regarding registration, production, and reporting of wells if:
  (1) the well is located in the groundwater conservation district and is used for rig supply purposes; and
  (2) the cumulative amount of water produced from the wells located inside the area subject to and completed under the exploration permit issued exceed 40 acre-feet in one permit year.
(e) Each month, each permittee that has installed a cased exploration well described in §11.131(f) of this title and located in a groundwater conservation district shall report to the division and the district the total amount of water produced from each well described in §11.131(f) of this title located inside the area subject to the exploration permit. No later than the last day of each month, the permittee shall file a groundwater production report containing the following information for the previous month:
  (1) well identification to correspond with information provided under §11.139(g) of this title (relating to Uranium Exploration Drill Site Operating and Reclamation Requirements); and
  (2) water produced reported in gallons and acre-feet. The monthly report shall include the monthly production data and cumulative data for the permit year. Once a well begins production, monthly reports will be required even if production temporarily ceases, until the end of the permit year.

Source Note: The provisions of this §11.140 adopted to be effective November 1, 2010, 35 TexReg 9724