Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter D - FLOOD CONTROL › Section 363.408 - Complete Application Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This section applies to complete applications submitted to the executive
				  administrator after prioritization.
(b) In addition to the general application
				  requirements of Subchapter A of this chapter (relating to General Provisions),
				  the following are required to be considered an administratively complete
				  application:
(1) if the project is a flood
				  control project and the project watershed is partially located outside the
				  political subdivision making the application, the applicant must submit a
				  memorandum of understanding relating to management of the project watershed.
				  The memorandum of understanding must be approved and signed by all governing
				  bodies of eligible political subdivisions located in the project watershed. The
				  memorandum of understanding at a minimum, must contain a requirement that all
				  political subdivisions in the project watershed agree to work
				  cooperatively;
(2) an affidavit
				  attesting to the following:
(A) that the
				  applicant has acted cooperatively with other political subdivisions to address
				  flood control needs in the area in which the eligible political subdivisions
				  are located;
(B) that all eligible
				  political subdivisions substantially affected by the proposed flood project
				  have participated in the process of developing the proposed flood project,
				  recognizing that providing adequate notice and ample opportunity to any such
				  eligible political subdivision that elects not to participate further would
				  fulfill this requirement, provided evidence of notification is included in the
				  application;
(C) that the eligible
				  political subdivisions, separately or in cooperation, have held public meetings
				  to accept comment on proposed flood projects from interested parties;
				  and
(D) that the technical
				  requirements for the proposed flood project have been completed and compared
				  against any other potential flood projects in the same area. This statement is
				  not required for applications for assistance for planning and design costs,
				  permitting costs, and other costs associated with state or federal regulatory
				  activities with respect to a flood project;
(3) an analysis of whether the proposed flood
				  project could use floodwater capture techniques for water supply purposes,
				  including floodwater harvesting, detention or retention basins, or other
				  methods of capturing storm flow or unappropriated flood flow;
(4) a description of the Project Watershed
				  sealed by a Professional Engineer or Professional Geoscientist. The Project
				  Watershed shall be estimated using the best available data with analysis
				  performed in accordance with sound engineering principles and practices.
				  Revisions to the Project Watershed may be necessary with additional data,
				  development of more refined modeling tools, refinement of design criteria, or
				  other factors. The applicant must provide the executive administrator with
				  updates of the description of the Project Watershed as it is modified. If a
				  revision to the Project Watershed results in a portion of the project watershed
				  being partially outside of the political subdivision boundaries of the
				  Applicant, the Applicant must provide the executive administrator with
				  additional memoranda of understanding necessary to include all eligible
				  political subdivisions located in the project watershed; and
(5) additional information as needed to allow
				  the board to comply with its responsibility to act as a clearinghouse for
				  information about flood planning and its reporting requirements.