§ 12-92.01. Flow metering and reporting.

Any and all water wells whether or not permitted under this article shall comply with this section. All wells shall be metered by the owner. The owner shall record and maintain a permanent record of flow rates and service records for such meter. Meter devices shall be calibrated upon installation and as needed, but in no case at intervals greater than once per year. Flow data and meter calibration certification shall be submitted to the city on forms approved by the city no later than the first day of October each year. Flow metering devices shall be approved prior to installation or replacement by the engineering department. The city may impose a maximum volume of water that may be removed from the well annually if the rate of access to the water may potentially impact the city water supply source. The city manager or a designated official may grant special exceptions to these requirements to permit holders in special cases where access to the water source would not potentially impact the city water supply source.

(1)

The city manager shall decide all petitions for special exceptions from the requirements of this section. All petitions for special exceptions must be in writing, addressed to the Director of Engineering, City of The Colony, 6800 Main Street, The Colony, Texas 75056 and shall include the following information:

a.

Name and address of the petitioners;

b.

Purpose of water use;

c.

Specific aquifer and zone within the aquifer that the water is taken from;

d.

Explanation of why such relief is needed;

e.

Hydrogeologic analysis of the impacts of the proposed well on the city's water supply wells; and

f.

Other pertinent information.

(2)

Special exception shall be granted only under the following circumstances and conditions:

a.

The applicant must sign a compliance agreement on forms provided by the city, agreeing to use the water only in the amount and manner permitted by the special exception;

b.

Granting of special exception must not cause an immediate significant reduction in the city's water supply or water shortages;

c.

The health, safety and welfare of other persons must not be adversely affected by the granting of the special exception; and

e.

The petitioners are currently in full compliance with this section and have been continuously for the previous 24 months.

(3)

A granted special exception may be revoked under the following circumstances:

a.

That the conditions of subsection (1) are no longer being met;

b.

Upon a person's second violation of this section within a 12-month period;

c.

The terms of the compliance agreement are violated; or

d.

The health and safety of other persons requires that the special exception be revoked.

(Ord. No. 07-1715, § 1, 5-7-2007)