| (a) If notice by mail is required, the commission shall
mail the notice by first-class mail, postage prepaid, to persons listed
in this section for each type of application. The commission shall
mail required notice not less than 30 days before the date set for
commission consideration of the application.
(b) For an application for a permit pursuant to Texas
Water Code (TWC), §11.121, or for an amendment to a TWC, §11.121,
permit, a certified filing, or a certificate of adjudication pursuant
to TWC, §11.122, and §295.158(b) of this title (relating
to Notice of Amendments to Water Rights), notice shall be mailed to
the following:
(1) each claimant or appropriator of water from the
source of water supply, the record of whose claim or appropriation
has been filed with the commission or its predecessor agencies;
(2) all navigation districts within the river basin
concerned;
(3) each groundwater conservation district with jurisdiction
over the proposed groundwater production, if the applicant proposes
to use groundwater from a well located within a groundwater conservation
district as an alternative source of water; and
(4) other persons who, in the judgment of the commission,
might be affected.
(c) For an application for a permit pursuant to TWC, §11.143,
or for an amendment pursuant to TWC, §11.122, to a TWC, §11.143,
permit, or a certificate of adjudication which authorizes diversions
from a reservoir which is exempted under TWC, §11.142, and pursuant
to §295.158(b) of this title, notice shall be mailed to the following:
(1) each person whose claim or appropriation has been
filed with the commission or its predecessor agencies and whose diversion
point is downstream from the location of the dam or reservoir as described
in the application;
(2) each groundwater conservation district with jurisdiction
over the proposed groundwater production, if the applicant proposes
to use groundwater from a well located within a groundwater conservation
district as an alternative source of water; and
(3) other persons who, in the judgment of the commission,
might be affected.
(d) For an application to amend a certified filing
authorizing diversions from a reservoir which is exempted under TWC, §11.142,
which, if granted, will cause a change in the reservoir so that it
would no longer be exempt under TWC, §11.142, notice shall be
mailed to the persons listed in subsection (b) of this section.
(e) For an application to authorize the use of state
water for domestic and livestock use from a reservoir constructed
by the federal government for which no local sponsor has been designated
nor permit issued, the commission shall issue such notice as it deems
appropriate.
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