The definitions contained in §28.001 of the Texas Water Code shall apply to this chapter. When used in this chapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:     
       (1) Aquifer--A geologic formation, group of formations, or part of a formation that is water-saturated, water-bearing, and yields water in sufficient quantities to provide a usable supply. Texas aquifers are classified as either major or minor groundwater aquifers and are defined in the most current edition of Texas Department of Water Resources Report No. 238.       
         (2) Area of review--The surface area and the subsurface area extending horizontally not less than 2,000 feet in all directions from the maximum extension of a proposed or existing shaft.         
           (3) Borehole--A drilled penetration or an artificial opening in the ground where the depth is greater than its largest surface dimension and islocated within 2,000 feet of a new shaft and penetrates a major or minor aquifer.           
             (4) Casing--Material used to seal off strata at and below the earth's surface, and to maintain the structural stability of shaft opening.             
               (5) Contaminant--Any physical, biological, chemical or radioactive material or matter in water.               
                 (6) Formation--A body of soil or rock characterized by a degree of lithologic homogeneity that is prevailingly, but is not necessarily, tabular and is mappable on the earth's surface or traceable in the subsurface.                 
                   (7) Existing shaft--A shaft constructed before February 4, 1985 (the use of which remains unchanged thereafter), or an abandoned shaft.                   
                     (8) Formation fluid--Fluid present in a formation under natural conditions.                     
                       (9) Groundwater--Water below the land surface in a zone of saturation.                       
                         (10) New shaft--Any shaft which has notbeen constructed as of February 4, 1985, or any existing shaft or abandoned shaft which is modified or converted to a new purpose for which it was not being used on February 4, 1985.                         
                           (11) Pollution--The contamination of water or the alteration of the physical, chemical,  radioactive, or biological quality of water:                                                        (A) that makes it harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to public health, safety, or welfare; or                                                            (B) that impairs the usefulness or the public enjoyment of the water for any lawful and reasonable purpose.                               
                                 (12) Resident inspector--A person or persons who is designated by the executive director to remain on-site to oversee and inspect the ongoing construction and operation of the drilled or mined shaft.                                 
                                   (13) Seismic reflection survey (geophysical survey)--Any surface based geophysical method which can accurately measure a response atdepth of physical phenomena either artificial and/or natural, directly and/or indirectly, which is related to the underground geological conditions.                                   
                                     (14) Shaft--Any vertically oriented excavation, whether constructed by drilling or mining techniques, where the depth of the excavation is greater than its diameter, the excavation penetrates into or through the base of the uppermost water-bearing strata, and the primary purpose of the excavation is the transport of workers and materials to and from a destination, at depth, for purposes of geological studies, access to existing and planned subsurface mine workings, safety, or for ventilation of those workings.                                     
                                       (15) Surface facilities--The structures, equipment, appurtenances, and other fixtures associated with the drilled or mined shaft used for storage, processing, or operation, that are above the ground, but not including the shaft collar.                                       
                                         (16) Stratum or strata--A bed or layer,regardless of thickness, that consists of generally the same kind of soil, rock or material.                                         
                                           (17) Test hole--A drilled and/or cored hole used to determine the type, nature, and characteristics of the subsurface materials and the extent and conditions of the various materials as they exist.                                           
                                             (18) Uppermost water-bearing strata--A major or minor aquifer as recognized and described in the most current edition of Texas Department of Water Resources Report 238.                                             
                                               (19) Well--An augered, bored, drilled, or driven penetration or an artificial opening in the ground made by digging, jetting, or some other method, where the depth of the well is greater than its largest surface dimension, but the term does not include any surface pit, surface excavation, drilled or mined shaft, or natural depression.                                              
     Source Note:        The provisions of this §329.2 adopted to be effective May 13, 1986, 11 TexReg 1978.