A person requesting an emergency authorization under Texas Water Code, §11.139 and commission rules contained in §297.17 of this title (relating to Emergency Authorization (Texas Water Code, §11.139)) shall submit to the commission a sworn application containing the following information: (1) a description of the condition of emergency justifying the granting of an emergency authorization, including a statement of the facts which support the finding that such conditions present an imminent threat to the public health and safety which override the necessity to comply with established statutory procedures and there are no feasible practicable alternatives to the emergency authorization; (2) the proposed location of the diversion point, diversion rate, the amount of water to be diverted, the purpose or purposes of use, and an estimate of the dates on which the proposed authorization should begin and end; (3) steps made by the applicant to develop and implement water conservation and drought contingency plans, to purchase the needed water including whether the water is available to the applicant to meet the emergency need at a price affordable to the applicant, or to otherwise acquire the needed water other than through an emergency authorization; (4) for a proposed transfer, a statement of consistency with the applicable approved regional water plan, if available; and (5) any other statements or information required by the commission or executive director necessary to review and take action on the application. |
