WATER WELLS

El Paso City Code tit. 9, ch. 9.80

in effect

El Paso City Code § 9.80.010 Permit—Required.

9.80.010 - Permit—Required. It is unlawful for any person to drill or otherwise construct, repair, correct, abandon or plug a well, or to engage upon such work, within the city, without first applying for and securing a permit from the superintendent, with the approval of the public service board. Such permit shall be granted by such superintendent, with the approval of such board, to any person who files with the superintendent the application hereinafter provided for, and pays the fee hereinafter required, and complies with all other provisions of this chapter applicable to him. (Prior code § 23-14)

El Paso City Code § 9.80.020 Permit—Application—Contents.

9.80.020 - Permit—Application—Contents. Every application for a permit for the construction, repair and correction, abandonment or plugging of a well, shall state the name and address of the owner thereof; the purpose for which the permit is desired, which shall be one or more of the acts mentioned in Section 9.80.010; the definite location of the well or proposed well; its approximate depth; and if for a permit for the drilling or construction or repair and correction of a water well, the estimated amount of water to be, or which is, pumped daily, monthly or annually, and the uses for which the water will be or is required; if for a permit for the drilling or construction or for the repair and correction of a well, the proposed method of drilling or construction, or the proposed method of repair and correction, and the kind of equipment to be used; and, in all cases, the name of the contractor when the owner desires to drill or construct, repair and correct, or do the work pursuant to an abandonment of a well in compliance with this chapter through a contractor. (Prior code § 23-15)

El Paso City Code § 9.80.030 Permit—Fees.

9.80.030 - Permit—Fees. The fees for the permits required by this chapter shall be as follows: A. For the drilling or construction of a new well up to fifty feet deep, ten dollars; B. For the drilling or construction of a new well fifty feet deep to one hundred and fifty feet deep, twenty dollars; C. For the drilling or construction of a new well one hundred and fifty feet deep to four hundred feet deep, thirty dollars; D. For the drilling or construction of a new well over four hundred feet deep the fee set out in subsection C of this section and in addition thereto, for each one hundred feet or fraction thereof in excess of four hundred feet, ten dollars; E. To repair or correct a defective well, twenty dollars; F. To abandon or plug a well, twenty dollars. (Prior code § 23-16)

El Paso City Code § 9.80.040 Extending depth authorized in permit—Additional permit required.

9.80.040 - Extending depth authorized in permit—Additional permit required. It is unlawful for any applicant who obtains a permit to construct a well of a certain depth to extend such well to a depth exceeding the depth provided for in such permit without first obtaining an additional permit therefor. (Prior code § 23-17)

El Paso City Code § 9.80.050 Permit—Wells less than fifty feet deep—Applicability of provisions.

9.80.050 - Permit—Wells less than fifty feet deep—Applicability of provisions. The provisions of this chapter shall not apply to wells or other openings less than fifty feet in depth; provided, however, the owner of any proposed well less than fifty feet in depth shall be required to apply for and receive from the superintendent of the department of water and sewerage a permit to construct such well, the application for which shall supply all the information required under Section 9.80.020, and for such permit the superintendent will charge and receive the fee provided for in Section 9.80.030. (Prior code § 23-18)

El Paso City Code § 9.80.060 Permit—Executing in duplicate.

9.80.060 - Permit—Executing in duplicate. All permits shall be executed in duplicate, one copy to be delivered to the applicant and one copy to be retained in the office of the public service board. (Prior code § 23-19)

El Paso City Code § 9.80.070 Pipe casing weights.

9.80.070 - Pipe casing weights. A. Every well hereafter constructed shall be cased with standard pipe which shall weigh per foot not less than the weights specified in the following table: Size of Casing and Screen | Minimum Weight Per Foot of Casing 4″ inside diameter | 10 pounds 5″ inside diameter | 14 pounds 6″ inside diameter | 18 pounds 8″ inside diameter | 28 pounds 10″ inside diameter | 40 pounds 12″ inside diameter | 49 pounds 15″ outside diameter | 60 pounds 18″ outside diameter | 80 pounds 20″ outside diameter | 89 pounds B. The pipe and also the screen proposed to be used shall in all cases be subject to the approval of the superintendent. (Prior code § 23-21)

El Paso City Code § 9.80.080 Extension of casing above surface—Furnishing records and samples of earth required.

9.80.080 - Extension of casing above surface—Furnishing records and samples of earth required. The casing of every well shall extend one foot above the surface of the ground at the location of the well, or, if in the judgment of the superintendent greater extension is required to prevent the possible contamination and pollution of the city's water supply, the casing shall extend such distance above the surface of the ground as in his judgment is necessary to effect such purpose. The owner of the well shall furnish to the superintendent a complete log during the construction of the well, which shall record the top and bottom of each change in formation and shall also furnish, if required by him, the superintendent, samples of the material at each change in formation, these samples to be enclosed in covered glass containers and plainly labelled with the depth at top and bottom of the section of the well from which they were taken, and should any stratum be of greater thickness than ten feet samples shall be taken and preserved of such section as each ten feet or fraction thereof in the manner herein described. (Prior code § 23-22)

El Paso City Code § 9.80.090 Change in casing size—Sealing off openings.

9.80.090 - Change in casing size—Sealing off openings. The owner of a well under construction shall furnish to the superintendent a complete record of the length, position and size of each change in diameter of the well casing, together with the position and size of screens and number and size of screen openings. Where smaller casings are inserted inside those of larger diameter there shall be used an overlap of at least ten feet, and every opening between the different sizes of casings shall be completely sealed in a manner satisfactory to the superintendent, and all water above, and below if required by him, the depth from which a supply will be taken shall be sealed off and prevented from mixing with the supply source of such well. The method of casing and sealing in all particulars shall be subject to the approval and under the supervision of the superintendent, and no well shall be put in operation until authorized in writing by the superintendent of the city waterworks, and such authorization shall be given when such superintendent has been satisfied that the provisions of this chapter governing the construction and operation of the well have been in all things complied with. (Prior code § 23-24)

El Paso City Code § 9.80.100 Drilling of wells over eighty feet deep—Manner of doing work—Abatement of nuisance.

9.80.100 - Drilling of wells over eighty feet deep—Manner of doing work—Abatement of nuisance. Any well over eighty feet in depth shall be so drilled, installed or constructed that it will prevent the mixing of water or liquid from above or below such water-bearing strata, such construction, drilling and installation to be accomplished in the following manner: A. There must first be a test hole drilled to the full depth at which it is proposed to finish the well and at the exact location of the proposed well. This test hole must be at least six inches bottom diameter and the driller shall keep an accurate log or record of all formations penetrated, such log to contain information concerning the depth and nature of each formation penetrated as well as the depth of the top and bottom of each formation below the ground surface, and shall, during the drilling of such test hole obtain true samples of water or liquid from each water-bearing formation penetrated. When the test hole is finished or completed the owner shall submit two copies of such log or record to the superintendent together with the certified chemical analyses of true samples of water obtained from all water-bearing formations penetrated. The superintendent shall determine which strata penetrated and which water obtained from the test hole are objectionable and likely to pollute the water-bearing strata from which the water supply of the city is taken or drawn. B. In the event that it is apparent that a stratum of contaminated water or water having a high mineral content has been encountered in the test hole below the water-bearing strata from which the water supply of the city is taken or drawn, it shall be imperative that such contaminated or highly mineralized stratum be plugged or closed off from the remainder of the well. This shall be accomplished by pumping through a pipe extending to the bottom of the test hole a plastic or aqueous mixture of quick-setting cement of sufficient quantity to completely plug or extend entirely through such contaminated or mineralized stratum and well up into the first impervious or nonwater-bearing stratum above. The test hole shall then be allowed to remain undisturbed for a period of at least twenty-four hours in order that the cement plug become thoroughly set or hardened. C. In order to prevent contaminated, polluted, highly mineralized or otherwise objectionable water encountered in any stratum above those from which the water supply of the city is taken or drawn, from entering or mixing with the water-bearing strata from which the city supply is taken or drawn, and to prevent the entrance of surface water to such water-bearing strata, in each case of a well drilled over eighty feet and penetrating the water-bearing strata from which the city supply is taken or drawn, the following procedure shall be followed: The test hole shall be reamed out to the desired diameter of the finished well down to the first impervious or nonwater-bearing stratum above the strata from which the water supply of the city is taken or drawn. The casing shall then be set down to the aforesaid point or depth and upon a nonwater-bearing or impervious stratum. The annular space between the outside of the casing and the bore hole or natural formations shall then be completely filled with a plastic or aqueous mixture of quick-setting cement which shall be pumped into the well under pressure through a pipe or conduit extending to the bottom of the casing as set, such cement entering the annular space between the outside of the casing and the bore hole at the bottom of such casing, and filling such annular space by flowing upward to the top of the well or surface of the ground. Evidence of such annular space being completely filled shall be by the plastic or aqueous cement mixture returning to and flowing from the annular space at the surface of the ground. D. All cementing work called for above, shall be performed by a person regularly engaged in such business and approved by the superintendent; provided, however, the drilling contractor or driller of the well may perform such work if he submits satisfactory evidence to such superintendent that he is thoroughly capable, qualified and equipped to do any and all of such cementing work; and provided further, no person shall commence or perform such cementing work without having been approved for same by the superintendent. E. Every well which for any reason does not completely prevent the mixing of water or other liquid from above and below the source of the city's water supply with the water in the course of the city's water supply, or which for any reason would tend to pollute or contaminate the water in the course of the city's water supply shall be considered a defective well and is hereby declared to constitute a nuisance, and the superintendent on his own initiative or upon information or complaint from any source shall make an examination of any well suspected of being defective and shall issue written instructions to the owner or his agent in charge of such well or the property upon which it is situated, for correcting the defects to comply with the provisions of this chapter, and shall prescribe a time which, in his judgment, under all the circumstances, is reasonable and within which such instructions shall be complied with. It is unlawful for the owners or operators of such defective well to fail to comply with such instructions and abate such nuisance within the time limit prescribed by such superintendent, and in addition such nuisance may be abated by the city as hereinafter provided. F. The provisions in subsection B of this section, relating to the plugging of wells where contaminated water or water having a high mineral content has been encountered below the stratum or strata from which the water supply of the city is taken or drawn, and the provisions of subsection C of this section, relating to the seal or casing of wells above the strata from which the water supply of the city is taken or drawn, shall apply to all wells heretofore drilled or which are now being drilled, or which may have been abandonded, as well as all wells which are hereafter drilled, and upon proper notice, as called for in Section 9.80.130 being given to the owner, agent of the owner or lessee of the property on which any such well is situated, such well shall be plugged or sealed as called for herein, and upon the owner, agent of owner or lessee failing to comply, he shall be deemed guilty of a misdemeanor for maintaining a nuisance and punished as provided for in Sections 1.08.010, 1.08.020 and 1.08.030. In addition, should the owner, agent of owner or lessee fail to comply with the order of the superintendent, the superintendent may apply to the city council of the city for permission to plug, seal or case such defective well and thereby abate such nuisance, and place a lien on such property and a personal charge against the owner to cover the costs thereof, and setting forth in his application the location of the well, the name of the record owners of such property and the agents, if any, in charge of same and the lessees, if any, in possession of such property, and in addition, such superintendent shall state in such application the manner in which such well is defective. Notice of the filing of such application to plug, case or seal such well and place alien on the property and a personal charge against the owner to cover the costs thereof, directed to the record owners, shall be published once in the official newspaper of the city and not less than five days thereafter, at any regular meeting of the city council, such city council may hear such application, and if it determines by resolution that such well is defective and thereby constitutes a nuisance, it shall by resolution order the superintendent of the city waterworks to proceed with the plugging, casing or sealing of such well and to file upon completion of the work, with the city clerk, a sworn statement setting forth the expenses incurred in plugging, sealing or casing the well, and upon the filing of such statement, the mayor shall incorporate same in a notice to be executed and acknowledged by him and filed with the county clerk, setting forth the claim of the city for expenses incurred in plugging, sealing or casing such well, and upon the filing of such notice, same shall constitue a lien against the property on which such well is located and a personal charge against the owner and suit may be instituted thereon, and such lien foreclosed as provided by law for the foreclosure of other liens. Notice shall be given to any person in possession of the property on which the defective well is located by mailing a copy of the published notice to such person. (Prior code § 23-25)

El Paso City Code § 9.80.110 Correction of defects—Statement required.

9.80.110 - Correction of defects—Statement required. Upon completion of the work of correcting the defects of any well, and before putting it into operation, the owner of such well shall file with the superintendent a sworn statement that all defects have been corrected to comply with this chapter in accordance with instructions issued by the superintendent, and failure to file such statement within thirty days after completion of correction of the defects shall be deemed a violation of this chapter. (Prior code § 23-27)

El Paso City Code § 9.80.120 Abandoned wells—Method of filling and plugging.

9.80.120 - Abandoned wells—Method of filling and plugging. For the purpose of this chapter, an abandoned well is (a) a defective well which, in the judgment of the superintendent, cannot be corrected to comply with the requirements of this chapter, or (b) any well which has been continuously out of use for a period of two years, or longer. Whenever any well has not been in active use for more than two years, the owner or operator of the same shall report such fact to the superintendent. Every abandoned well shall be filled and plugged with such materials and in such manner as, in the judgment of such superintendent, will prevent the pollution and contamination of the city's water supply. Such filling and plugging shall be done under the supervision of such superintendent, and at the expense of the owner of such well. Whenever the superintendent shall receive notice from any source, of the existence of an abandoned well which has not been plugged and filled in accordance with the provisions of this chapter, he shall notify the owner or agent in charge of such well or of the property upon which it is situate that such well is abandoned and shall instruct him to fill and plug such well in accordance with this chapter, and the owner or operator of such well shall comply with such order within sixty days after the date of same. Should he fail to so comply within such period or if after using reasonable diligence, should the superintendent fail to locate the owner or agent in charge of such well or of the property upon which the well is situate, the superintendent shall go on the land or property upon which the well is situate and fill and plug the same in the manner required by this chapter. Whenever it becomes necessary for the superintendent to fill and plug any abandoned well the owner thereof shall be liable to the city for the cost of doing such work. (Prior code § 23-28)

El Paso City Code § 9.80.130 Wells polluting or contaminating city water supply declared to be nuisances—Abatement.

9.80.130 - Wells polluting or contaminating city water supply declared to be nuisances—Abatement. Any well or other opening now constructed or which may hereafter be constructed penetrating the underground water supply, and which pollutes or contaminates, or tends in the judgment of the superintendent to pollute or contaminate the city's water supply and which cannot be corrected in the judgment of the superintendent to prevent pollution or contamination, is declared a nuisance and on notice to the owner of such well or opening, or to his agent in charge of it or of the property on which it is situate, issued by the superintendent such nuisance shall be abated by the owner within sixty days from the date of such notice, by filling and plugging the well or opening in the manner provided for in this chapter for abandoned wells, and if he shall fail to abate such nuisance within such time or if after exercising reasonable diligence, the superintendent is unable to locate the owner or his such agent, the superintendent shall go on the land or property upon which the well is situate, and abate such nuisance in the manner provided in this chapter, and the owner thereof shall be liable to the city for the cost of such work. (Prior code § 23-29)

El Paso City Code § 9.80.140 Wells outside/inside city posing threat to city water supply.

9.80.140 - Wells outside/inside city posing threat to city water supply. The owner or lessee of property on which any well heretofore drilled or that may be hereafter drilled outside the city which is found to be a contaminating or polluting influence to the underground water-bearing strata from which the municipal water supply of the city is taken or drawn or may hereafter be taken or drawn, as well as the owner or lessee of all wells drilled inside the city, shall be subject to all the provisions of Section 9.80.100, and all other provisions of this chapter relating to the protection of the water supply of the city, and any such contaminating well may be abated as provided therein. Any person desiring to drill a well outside of the city at any location within the radius of five miles of any well inside or outside the city from which the water supply of the city is taken or drawn or may be hereafter taken or drawn, prior to drilling such well shall fully comply with all provisions of Section 9.80.100, and the provisions of this chapter relating to the protection of the water supply of the city, and upon failure to do so shall be punished as provided therein. (Prior code § 23-26)

El Paso City Code § 9.80.150 Enforcement—Duty of the public service board and superintendent of the department of water and sewerage.

9.80.150 - Enforcement—Duty of the public service board and superintendent of the department of water and sewerage. The public service board and the superintendent of the department of water and sewerage are charged with the enforcement of this chapter and shall exercise the powers herein granted to them for this purpose. (Prior code § 23-12)

El Paso City Code § 9.80.160 Enforcement—Powers and duties of superintendent.

9.80.160 - Enforcement—Powers and duties of superintendent. A. The superintendent shall have the power: 1. To make examinations of all wells within the city, whether privately owned or otherwise; 2. To make or have made at any time the necessary analyses and tests of water therefrom; 3. To go upon the land and property of the owners of wells for that purpose; 4. To require the owners to furnish all information requested concerning them; 5. To supervise the construction, repair, abandonment and plugging of wells and the operation of the same. B. The superintendent shall keep an accurate register of all wells within the city, which shall show the name of the owner, the location and date of construction of each well, its depth and diameter, the purpose for which the well was constructed, and if abandoned, the date of such abandonment. At such intervals as may be considered necessary by the superintendent, but not exceeding two years, there shall be entered in the register the then condition of each well registered, together with an analysis of the water from each of such wells. C. Whenever necessary to make an inspection to enforce any of the provisions of this chapter the superintendent or his authorized representative may enter such building or premises at all reasonable times to inspect the well or to perform any duty imposed upon the superintendent by this chapter; provided, that if such building or premises be occupied, he shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the superintendent or his authorized representative shall have recourse to every remedy provided by law to secure entry. D. When the superintendent or his authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the superintendent or his authorized representative for the purpose of inspection and examination pursuant to this chapter. (Prior code § 23-20)

El Paso City Code § 9.80.170 Furnishing water samples.

9.80.170 - Furnishing water samples. The owner of every well shall furnish to the superintendent for analysis, samples of water when and as required, not only during the construction of the well, but at any time thereafter when requested. (Prior code § 23-23)

El Paso City Code § 9.80.180 Failure to comply with order of enforcing authorities deemed a violation of chapter.

9.80.180 - Failure to comply with order of enforcing authorities deemed a violation of chapter. It shall be deemed a violation of this chapter for any person to fail or refuse to comply with any order of the superintendent, or of the public service board, made in conformity with and under the authority of this chapter. (Prior code § 23-13)

Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT9HESA_CH9.80WAWEFetched: 10/28/2026