(a) If the new date of proposed commencement of construction
is more than four years from the date of issuance of the permit, or
if the new proposed completion time is more than five years from the
date of completion required in the original permit, notice of an application
for extension of time shall be mailed and published as required by
the Texas Water Code, §11.132 and §11.143, and §295.151
of this title (relating to Notice of Application and Commission Action), §295.152
of this title (relating to Notice by Publication), and §295.153
of this title (relating to Notice by Mail). The chief clerk shall
mail notice of the public hearing to the same persons to whom notice
of the application for the permit was mailed. The applicant shall
be required to publish notice of the hearing in the same manner in
which an applicant for a water use permit is required to publish notice
of an application. No other notice is required.
(b) The notice of any application for an extension
of time to commence or complete construction must provide that the
commission shall also consider whether the appropriation shall be
forfeited for failure by the applicant to demonstrate sufficient due
diligence and justification for delay.
(c) This section does not apply to a permit for construction
of a reservoir designed for storage of more than 50,000 acre-feet
of water. No notice shall be required for an extension of time to
commence or complete construction of a reservoir designed for storage
of more than 50,000 acre-feet of water.
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Source Note: The provisions of this §295.159 adopted to be effective May 28, 1986, 11 TexReg 2326; amended to be effective January 30, 1992, 17 TexReg 407; amended to be effective May 14, 2020, 45 TexReg 3101 |