| (a) To lease an area within the right of way a person
must submit, at the person's sole expense, a written application to
the district administrator of the district in which the right of way
is located. The application must be in a form approved by the department
and must include:
(1) the name and address of the person requesting the
lease;
(2) a legal description of the proposed premises;
(3) a description of the saltwater pipeline facility
to be installed, including the proposed size and depth of all pipelines
and a description of any appurtenances;
(4) sketches or drawings that show:
(A) the proposed premises;
(B) the proposed Pipeline Facility to be constructed
or installed;
(C) the existing highway facilities, existing utilities,
and other improvements;
(D) all means of proposed access to the area; and
(E) with preliminary drainage plans, if applicable;
(5) adequate information to support a determination
to authorize leasing of the proposed premises;
(6) the proposed term of the lease; and
(7) the name, address, and telephone number of the
individual or entity that is authorized to furnish any additional
information requested by the department relating to the application.
(b) In addition to the information required under subsection
(a) of this section, the district administrator may request additional
information, reports, engineering plans or other data that the district
administrator considers necessary for compliance with this subchapter.
The applicant shall provide those requested items at its sole expense.
(c) As a condition for the lease of the premises, department
may require the saltwater pipeline operator to furnish an attorney's
title opinion establishing to the department's satisfaction that the
lease will be consistent with property rights owned by others.
(d) The district administrator will forward the application
to the right of way division for processing.
(e) The district administrator will inform the applicant
of the actions taken on the application.
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