(a) In its consideration of an application for a new
or amended water right to divert marine seawater or seawater, the
commission shall review the information required under §295.302(i)
of this title (relating to Requirements for Application for Diversion
of Marine Seawater and Diversion of Seawater) and determine whether
the application meets the requirements of Texas Water Code (TWC), §11.1405(a)(2)
and §18.003(a)(2).
(b) The monthly samples must be taken at the water
source for each proposed diversion location over a period of at least
one year, in accordance with applicable TCEQ Surface Water Quality
Monitoring Procedures as amended. Procedures for analysis must be
in accordance with the most recently published edition of the Standard Methods for the Examination of Water and
Wastewater, 40 Code of Federal Regulations Part 136, or other
reliable sources acceptable to the commission for total dissolved
solids. Laboratory accreditation requirements are specified in Chapter
25 of this title (relating to Environmental Testing Laboratory Accreditation
and Certification).
(c) The assessment of any conditions upon a proposed
amendment to a water right under this section shall be limited by §297.45(b)
of this title (relating to "No Injury" Rule) as provided
by TWC, §11.122(b).
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