The commission shall grant an application for a water right
to divert marine seawater or seawater for desalination under this
subchapter only if:
(1) the application conforms to the requirements prescribed
by §295.302 of this title (relating to Requirements for Application
for Diversion of Marine Seawater and Diversion of Seawater) and is
accompanied by the prescribed fee;
(2) the point of diversion is located less than three
miles seaward of any point located on the coast of this state; or
the water contains a total dissolved solids concentration based on
a yearly average of samples taken monthly at the water source of less
than 20,000 milligrams per liter, in accordance with the requirements
set out in §297.205 of this title (relating to Determination
of Total Dissolved Solids Concentration);
(3) the diverted marine seawater or seawater is intended
for a beneficial use and the marine seawater or seawater will be treated
in accordance with applicable commission rules, based on the purpose
for which the marine seawater or seawater is to be used, before it
is used;
(4) the application is not detrimental to the public
welfare;
(5) the applicant has provided documentation:
(A) 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
(B) of the results of consultation with the TPWD and
the GLO regarding the location of a facility the person proposes to
construct for diversion of seawater;
(6) the application addresses a water supply need in
a manner that is consistent with the state water plan and the relevant
approved regional water plan unless the commission determines that
new, changed, or unaccounted for conditions warrant waiver of this
requirement; and
(7) the applicant has provided evidence that reasonable
diligence will be used to avoid waste and achieve water conservation
as defined by §297.1 of this title (relating to Definitions).
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