| (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(c).
(b) A person wishing to place water into a stream or watercourse,
convey the water in the watercourse or stream, and subsequently divert such
water shall file 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 discharge and diversion as identified on a USGS 7.5 minute topographical
map(s);
(3) the source, amount, and rates of discharge and diversion;
(4) a description of the water quality of the water discharged
and, if applicable, the permit number and name of any related discharge permit;
(5) if the water to be placed into the stream is from
an existing, authorized interwatershed or interbasin transfer, a certified
copy of the related water right;
(6) if the water placed into the stream is from a proposed
interwatershed or interbasin transfer, the information required by this subsection
shall be provided in the application for the interwatershed or interbasin
transfer and the bed and banks authorization shall be combined with the authorization
for the interbasin transfer;
(7) 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;
(8) 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
(9) any other information the executive director may need
to complete an analysis of the application.
(c) An application under this section may be combined with
an application for a wastewater discharge for purposes of a consolidated permit
proceeding.
(d) 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.
(e) The method and calculation of carriage losses under this
section is subject to the review and approval of the executive director.
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