[Name of district] Groundwater Conservation District
Application of [name of applicant] for Transfer of Ownership of Wells and Operating [and Transport] Permits Owned by [name of permittee]
Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your Social Security number or your driver’s license number.
Pursuant to rule[s] [number[s]] of the [name of district] Groundwater Conservation District (“District”) as amended, [name of applicant] (“Applicant”), as New Owner, and [name of permittee] (“Permittee”), as Current Owner, file this Application to Transfer the Ownership of Permittee’s Permits for Nonexempt Wells described herein and, in support thereof, provide the following information.
Applicant would provide the following information as required by District rule [number] for the transfer of the ownership of [number] nonexempt wells in [county] County, Texas, from Permittee as Current Owner to Applicant as New Owner.
The [number] wells are authorized by the following Operating Permits granted by the District to Permittee for nonexempt wells approved on [date of board approval] and issued on [issuance date[s] on permits] (the “Operating Permits”) and assigned District well numbers [authority’s assigned well numbers]. A copy of each of the Operating Permits is attached to this document in Exhibit A.
Applicant and Permittee have a contract for the sale and purchase of the [Groundwater and] associated Operating Permits sought to be transferred pursuant to this Application and more fully described in sections B. and C. below. That sale and purchase includes the existing [number] wells described above. A copy of the assignment and bill of sale for conveyance of the wells to Applicant to be executed and delivered at Closing is attached to this document in Exhibit B. Closing of the contract is contingent on the District’s approval of this Application.
B.Operating Permits
Applicant would provide the following information as required by District rule [number] for the transfer of the following [number] Operating Permits for nonexempt wells assigned District well numbers [authority’s assigned well numbers]. A copy of each Operating Permit is attached to this document in Exhibit A.
B.1.a.Name, Address, and Telephone Number of Applicant
Name: [name of applicant] [include if applicant is a business: , attn: [name of contact person], its [title of contact person]]
Address:
Telephone number:
B.1.b.Name, Address, and Telephone Number of Current Permittee
Name: [name of permittee]
Address:
Telephone number:
B.1.c.Copy of Assignment Transferring Operating Permits to Proposed Transferee
A copy of the written assignment transferring ownership of the Operating Permits from Permittee to Applicant is attached as Exhibit C.
B.1.d.Transfer Application Fee, If Established under District Rule [number]
Pursuant to the District fee schedule contemplated by District rule [number], and after confirming with the District general manager, the District is not currently charging a transfer application fee pursuant to the adopted District rules.
Applicant would state that pursuant to District rule [number], Applicant has never had a permit issued by the District and therefore has never been out of compliance with the terms and conditions of any other District permits issued to Applicant. Applicant would also state that it has complied with the terms and conditions of the District rules and chapter 36 of the Texas Water Code. Applicant has never had any enforcement action imposed by the District.
Applicant would further state pursuant to District rule [number] that it has the financial and managerial capabilities necessary to comply with the terms and conditions of the Operating [and Transport] Permits to be transferred.
Applicant further states that upon transfer of the Operating [and Transport] Permits, District permit numbers [authority’s assigned permit numbers] will fully comply with the terms and conditions of the Operating [and Transport] Permits, the rules of the District, its enabling legislation, and chapter 36 of the Texas Water Code.
Applicant affirms that it has been and remains in compliance with the District’s rules and the terms and conditions of its Operating [and Transport] Permits and that it has paid current all fees due and owing to the District and filed all applicable reports.
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Include the following if applicable. |
Applicant would provide the following information as required by District rule [number] for the transfer of the following [number] Transport Permits for nonexempt wells approved on [date] and issued on [issuance date[s] on permits] (the “Transport Permits”) assigned District well numbers [authority’s assigned well numbers]. A copy of each Transport Permit is attached to this document in Exhibit D.
A copy of the assignment transferring the Transport Permits from Applicant to Permittee is attached as Exhibit C.
Pursuant to District rule [number], Applicant would request that the Transport Permits be processed with the application for the transfer of Operating Permits as discussed above.
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Continue with the following. |
D.Requested Action by [name of district]
Applicant and Permittee represent that the information provided in this Application is true and correct to the best of their knowledge and therefore respectfully request that the District approve the transfer and the ownership of the wells and the Operating [and Transport] Permits currently held by Permittee to Applicant, subject to the delivery of the executed conveyancing documents to the District’s general manager.
[Name of permittee]
By:
[Name and title]
[Name of applicant]
By:
[Name and title]
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Include acknowledgments. |
Operating Permits Currently Owned by [name of permittee] to Be
Transferred to [name of applicant]
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Attach copies of the operating permits. |
Assignment and Bill of Sale from [name of permittee] to
[name of applicant] Dated [date]
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Attach copies of the assignment and bill of sale for the conveyance of the ownership of the wells. |
Assignment of Operating [and Transport] Permits from
[name of permittee] to [name of applicant] Dated [date]
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Attach a copy of the assignment transferring the ownership of the operating permits and, if applicable, the transport permits. |
Transport Permits Currently Owned by [name of permittee] to Be
Transferred to [name of applicant]
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Attach copies of the transport permits. |