(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.
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