| (a) This subchapter only applies to diversion and
use of marine seawater for desalination, diversion of seawater from
a bay or arm of the Gulf of Mexico for desalination solely for industrial
purposes, and conveyance of treated marine seawater through the bed
and banks of a flowing stream. The commission may issue a permit under
this subchapter to authorize a diversion of state water from the Gulf
of Mexico or a bay or arm of the Gulf of Mexico for desalination and
use if:
(1) the point of diversion is located less than three
miles seaward of any point located on the coast of this state; or
(2) the water at the proposed diversion point 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.
(b) A person may divert and use state water that consists
of marine seawater or seawater without obtaining a permit if subsection
(a) of this section does not apply.
(c) A person may not begin construction of a facility
for the diversion of marine seawater or seawater without obtaining
a permit until the person has provided data to the commission demonstrating:
(1) based on the location of each proposed diversion
location, that subsection (a)(1) of this section does not apply; and
(2) based on the analysis of samples taken at the
water source for each proposed diversion location over a period of
at least one year, in accordance with the requirements set out in §297.205
of this title (relating to Determination of Total Dissolved Solids
Concentration) that subsection (a)(2) of this section does not apply.
(d) A person who has begun construction of a facility
for the diversion of marine seawater or seawater without obtaining
a permit because the person has demonstrated that subsection (a)(2)
of this section does not apply is not required to obtain a permit
for the facility if the total dissolved solids concentration of the
marine seawater or seawater at the water source subsequently changes
so that subsection (a)(2) of this section applies.
(e) This subchapter does not apply to a diversion
of marine seawater from a point of diversion located in a bay or estuary
unless the diversion is solely for the purpose of desalination of
seawater for industrial use under Texas Water Code (TWC), §11.1405.
(f) TWC, Chapter 11, applies to a permit or authorization
under this subchapter in the same manner as that chapter applies to
a permit or authorization under that chapter which is not subject
to this subchapter.
(g) If a person seeks to utilize a facility that was
constructed or permitted for the diversion of seawater solely for
the purpose of desalination for industrial use under this subchapter
to divert seawater for another use, the person must first obtain a
water right permit pursuant to provisions of TWC, Chapter 11, other
than TWC, §11.1405.
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