(a) An exploratory or monitoring well may only be transferred by the person who conducts surface 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 §§12.331-12.333 of this title (relating to Casing and Sealing of Drilled Holes: General Requirements, to Casing and Sealing of Drilled Holes: Temporary, and to Casing and Sealing of Drilled Holes: Permanent) with respect to the well.
(c) Upon an approved transfer of a well, the transferor shall be secondarily liable for the transferee's obligations 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 §12.351 adopted to be effective April 7, 1997, 22 TexReg 3093.