| (a) The State Board shall consult with each successful
applicant for a cost-sharing contract to create a 10-year plan for
the land that is subject to the contract to enhance the water supply
in the area.
(b) A plan created under this section must include:
(1) provisions for brush control or other water supply
enhancement activities;
(2) a provision for follow-up brush control;
(3) a provision requiring the landowner to limit the
average brush coverage on the land that is subject to the contract
to not more than five percent throughout the course of the 10-year
plan; and
(4) periodic dates throughout the course of the 10-year
plan on which the State Board will inspect the status of brush control
on the land that is subject to the contract.
(c) Signature of a performance agreement. As a condition
for receipt of cost-share assistance for brush control, the eligible
person receiving the benefit of such assistance shall agree to perform
the brush control in accordance with standards established by the
State Board and the terms of the cost-share agreement. Completion
of the performance agreement and the signature of the eligible person
are required prior to payment.
(d) The SWCD may require refund of any or all of the
cost-share paid to an eligible person when acres where brush control
was applied has not been managed in compliance with applicable standards
and specifications for the practice in accordance with the terms of
the cost-share contract as agreed to by the eligible person.
(e) In cases of hardship, death of the participant,
or at the time of transfer of ownership of land where brush control
has been applied using cost-share assistance and terms of the contract
has not expired, the participant, heir(s), or buyer(s) respectively,
must agree to properly manage the treated area or the participant,
heir(s), or the buyer(s) by agreement with the seller must refund
all or a portion of the cost-share funds received for the practice
as determined by the SWCD. The State Board, on a case-by-case basis,
in consultation with the SWCD, may grant a waiver to this requirement.
(f) A plan created under this section may not condition
implementation of the provision for follow-up brush control on receipt
of additional funding for the follow-up brush control from a state
source other than the original cost-sharing contract.
(g) Status reviews as required by subsection (b)(4)
of this section are conducted by the State Board within three to five
years after initial treatment of brush. A second status review is
conducted within eight to nine years after initial treatment.
(h) If the eligible person, as defined in §517.33(a)
of this subchapter, receiving a cost-sharing contract is found to
be out of compliance with the provision described in subsection (b)(3)
of this section, that person will not be eligible for another water
supply enhancement contract from the State Board for a period of ten
years after being found out of compliance.
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| Source Note: The provisions of this §517.36 adopted to be effective February 13, 2003, 28 TexReg 1209; amended to be effective March 21, 2004, 29 TexReg 2651; amended to be effective April 16, 2012, 37 TexReg 2679; amended to be effective September 8, 2014, 39 TexReg 7173 |
