| (a) Notice of an application to convey treated marine
seawater in the bed and banks of a stream or watercourse shall be
provided by first class mail, postage prepaid, by the commission to
every water right holder of record downstream of the discharge point
at least 30 days prior to commission consideration of the application.
Notice shall also be provided to any person who has submitted a written
request to the Office of the Chief Clerk providing a valid email address
and asking to receive notice of applications filed under this subchapter.
The notice shall be posted on the commission's website.
(b) No published notice shall be required for an application
under this section.
(c) The applicant shall be responsible for the costs
of providing notice under this section.
(d) The notice must:
(1) state the name and address of the applicant;
(2) state the date on which the application was received
by the commission;
(3) state the date the application was filed by the
executive director with the chief clerk as required by §281.17(a)
or (b) of this title (relating to Notice of Receipt of Application
and Declaration of Administrative Completeness);
(4) state that the executive director has determined
that the technical review of the application is complete;
(5) state the application number;
(6) state the purpose of use for the conveyed treated
marine seawater;
(7) state the executive director's recommendation
regarding the application;
(8) state that a person may provide written comments
on the application and indicate the deadline for doing so;
(9) for applications that do not request authorization
to convey treated marine seawater through a reservoir or impoundment,
the notice shall state that a person may not request a contested case
hearing;
(10) for applications that request authorization to
convey treated marine seawater through a reservoir or impoundment,
the notice shall state that an affected person, the commission, the
executive director, and the applicant may request a contested case
hearing and indicate the deadline for doing so;
(11) include the name and address of the agency, and
the telephone number of an agency contact from whom interested persons
may obtain future information; and
(12) give any additional information the commission
considers necessary.
(e) Requests for a contested case hearing will be
processed in accordance with Chapter 55, Subchapter G of this title
(relating to Request for Contested Case Hearing and Public Comment
on Certain Applications).
(f) Nothing in this section is intended to deny any
additional notice to an affected person that may be required under
the Texas Administrative Procedure Act.
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