(a) This section does not apply to a district that
overlies the Dockum Aquifer and includes wholly or partly 10 or more
counties.
(b) When a district submits an application for a brackish
groundwater production zone operating permit to the agency, the agency
will conduct a technical review of the application, subject to subsections
(c) and (d) of this section.
(c) Upon receipt of such an application, the agency
will assess the application to determine whether a proposed production
well is located within a designated brackish groundwater production
zone. If a proposed production well is not located within a designated
brackish groundwater production zone, the agency will not conduct
the technical review of the application. If a proposed production
well is located within a designated brackish groundwater production
zone, the agency will conduct the technical review of the applicable
permit application or applicable portions of a permit application
in accordance with subsections (d) - (f) of this section.
(d) Upon receipt of an application for a brackish groundwater
production zone operating permit for a proposed production well located
within a designated brackish groundwater production zone and that
includes all of the information required by Texas Water Code §36.1015(g),
the agency will conduct a technical review of the application. If
the agency does not receive all of the information required by Texas
Water Code §36.1015(g), the agency will notify the district of
the missing information. The agency will not conduct a technical review
of an incomplete application until all required information is received.
(e) After conducting the application assessment and
required technical review of a complete application, the agency shall
provide a report of the technical review of the application to the
district that submitted the application that includes:
(1) findings regarding the compatibility of the proposed
well field design with the designated brackish groundwater production
zone, including:
(A) whether the proposed production exceeds the amount
of brackish groundwater that the zone is capable of producing over
a 30-year period and a 50-year period, as determined pursuant to Texas
Water Code §16.060(e) and is in addition to the amount of modeled
available groundwater provided under Texas Water Code §36.108;
and
(B) whether the parameters and assumptions used in
the model described in Texas Water Code §36.1015(g)(4)(A) are
compatible with the designated brackish groundwater production zone;
(2) recommendations for the monitoring system required
by Texas Water Code §36.1015(e)(4) and (6), including whether
the number of monitoring wells are adequate and in appropriate locations
and aquifers, in accordance with recommendations established under
Texas Water Code §16.060(e)(2)(B);
(3) verification the district required monitoring of
land elevations for a project located in a designated brackish groundwater
production zone in the Gulf Coast Aquifer as required by Texas Water
Code §36.1015(e)(5).
(f) The findings and recommendations included in subsection
(e) of this subsection will only be site-specific if the agency has
received site-specific data and information from the district.
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