| (a) The purpose of this section is to provide the application
content requirements for a bed and banks authorization under Texas Water Code
§11.042(b).
(b) A person who has discharged or intends to discharge groundwater-based
effluent into a stream or watercourse and wishes to divert and use the discharged
water shall submit an application with the commission containing the following
information:
(1) the name, mailing address, and telephone number of the
applicant;
(2) the name of the stream and the locations of the point
of the existing or proposed discharge and diversion as identified on a USGS
7.5 minute topographical map(s);
(3) the source, amount, and rates of the existing or proposed
discharge and diversion;
(4) a description of the water quality of the water discharged
or proposed to be discharged and the permit number and name of any related
discharge permit;
(5) the date of initial discharge of the groundwater into
the watercourse or stream, if applicable, and any related records of discharge
periods, points, amounts and rates;
(6) the estimated amount of water that will be lost to
transportation, evaporation, seepage, channel or other associated carriage
losses from the point of discharge to the point of diversion;
(7) an assessment of the adequacy of the quantity and
quality of flows remaining after the proposed diversion to meet instream uses
and bay and estuary freshwater inflow needs; and
(8) any other information the executive director may need
to complete an analysis of the application.
(c) Nothing in this section shall be construed to affect an
existing project for which all required water rights and reuse authorizations
have been granted by the commission prior to September 1, 1997.
(d) The method and calculation of carriage losses under this
section shall be subject to the review and approval of the executive director.
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