The landowner shall have the continuing responsibility of ensuring that a well does not allow the commingling of injurious water with fresh water through the wellbore to other porous strata.

1. (1) If a well allows the commingling of injurious water and fresh water or the unwanted loss of water, and the casing in the well cannot be removed and the well re-completed in accordance with the applicable rules, the casing in the well shall be perforated and squeeze cemented in a manner that will prevent the commingling or loss of water. If such a well has no casing then the well shall be cased and cemented, or plugged in a manner that will prevent commingling or loss of water.
2. (2) The executive director may direct the landowner to take proper steps to prevent the commingling of injurious water with fresh water, or the unwanted loss of water.

Source Note:The provisions of this §76.103 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090.