Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter G - DESALINATION, PROCEDURAL › Section 295.302 - Requirements for Application for Diversion of Marine Seawater and Diversion of Seawater

Current through Reg. 49, No. 28; July 12, 2024
(a) An application
				  for diversion of seawater from a bay or arm of the Gulf of Mexico for
				  industrial purposes or for diversion of marine seawater must be submitted in
				  accordance with §
										295.2
				  of this title (relating to Preparation of Application) and include, for each
				  applicant, the full name, post office address, telephone number, and federal
				  identification number. If the applicant is a partnership, it shall be
				  designated by the firm name followed by the words "a partnership." If the
				  applicant is acting as trustee for another, it shall be designated by the
				  trustee's name followed by the word "trustee." If someone other than the named
				  applicant executes the application, the name, position, post office address,
				  and telephone number of the person executing the application shall be
				  given.
(b) The application shall
				  include the signature of the applicant in accordance with §
										295.14 of
				  this title (relating to Signature of Applicant). Each applicant shall subscribe
				  and swear to the application before any person entitled to administer oaths,
				  who shall also sign his or her name and affix his or her seal of office to the
				  application.
(c) The application
				  shall state the location of point(s) of diversion and provide latitude and
				  longitude coordinates in decimal degrees to six decimal places for each
				  point.
(d) The total amount of
				  marine seawater or seawater from a bay or arm of the Gulf of Mexico to be
				  diverted and used shall be stated in definite terms, i.e., a definite number of
				  acre-feet annually and the application shall state the maximum rate of
				  diversion in gallons per minute or cubic feet per second for each diversion
				  point.
(e) The application shall
				  state each purpose of use in definite terms. If the application requests
				  authorization to use marine seawater for multiple purposes, the application
				  shall expressly state an annual amount of marine seawater to be used for the
				  multiple purposes as well as for each purpose of use.
(f) The applicant shall provide evidence that
				  the marine seawater or seawater diverted from a bay or arm of the Gulf of
				  Mexico will be treated in accordance with applicable commission rules, based on
				  the purpose for which the water is to be used, before it is used.
(g) The application must include a water
				  conservation plan meeting the requirements contained in §
										297.208
				  of this title (relating to Consideration of Water Conservation).
(h) The application shall contain information
				  describing how it addresses a water supply need in a manner that is consistent
				  with the state water plan or the applicable approved regional water plan or, in
				  the alternative, describe conditions that warrant a waiver of this
				  requirement.
(i) The application
				  must include a determination of the total dissolved solids concentration of the
				  marine seawater or seawater at the water source based on monthly sampling and
				  analysis, as described in §
										297.205
				  of this title (relating to Determination of Total Dissolved Solids
				  Concentration), and provide the data collected to the commission.
(j) The application shall provide
				  documentation that the applicant will take reasonable measures to minimize
				  impingement and entrainment associated with the diversion of marine seawater or
				  seawater as described in §
										297.209
				  of this title (relating to Impingement and Entrainment).
(k) The application shall include:
(1) documentation that the point or points
				  from which a facility the person proposes to construct for diversion of marine
				  seawater are within the zones identified by the Texas Parks and Wildlife
				  Department (TPWD) and the Texas General Land Office (GLO) on the date that the
				  application is submitted; or
(2)
				  documentation of the results of consultation with the TPWD and the GLO
				  regarding the point or points from which a facility the person proposes to
				  construct may divert seawater.