|(a) An application to irrigate particular tracts of land shall
contain the following information concerning the lands proposed to be irrigated:
(1) the original land survey or grant, the abstract number,
and the name of the county in which the land is located;
(2) an aerial photograph, plat, or map submitted in accordance
with §295.123 of this title (relating to Content Requirements of Maps)
showing the tract of land within which a specified number of acres will be
(3) a copy of the deed describing the applicant's land, showing
recording information from the county deed records;
(4) a legal description of any lands involved in the application;
(5) if the application includes agricultural use of any land
not owned by applicant, a consent agreement from the landowner, stating that
the landowner recognizes that the permit will be owned by applicant and will
not become appurtenant to the land. Renewal of a term permit issued under
this chapter will require current documentation of consent agreements. This
paragraph does not apply to an applicant who is a water corporation, water
district, river authority, or governmental entity authorized to supply water
to others or applicants diverting state water from the Rio Grande downstream
of Amistad Reservoir.
(b) Applications requesting diversions of state water from
the Rio Grande below Amistad Reservoir to irrigate land not owned by the applicant
must demonstrate that the tract requested can be serviced from the authorized
diversion points and with applicant's irrigation facilities.
(c) Applications requesting water diverted from the Rio Grande
below Amistad Reservoir to irrigate land not owned by the applicant must provide
the names and addresses of all owners of land to be included in the application.
Notice of the request will be mailed by certified mail, at applicant's expense,
to all affected landowners. Such landowners will be given two weeks within
which to protest. If no protest is received, further notice will not be required.