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RULE §295.305Requirements for an Authorization to Convey Treated Marine Seawater in Bed and Banks

(a) The application shall include evidence that the marine seawater conveyed under a permit subject to the requirement in this section will be treated so as to meet standards that are at least as stringent as the water quality standards adopted by the commission and applicable to the receiving stream or impoundment. More stringent treatment may be required if the commission determines it is necessary to protect water quality.

(b) Treated marine seawater that is conveyed under an authorization granted under this section may be used only by the person to whom the authorization is granted.

(c) This section does not prohibit a person from conveying treated marine seawater in any other manner authorized by law.

(d) A person wishing to place treated marine seawater into a stream or watercourse, convey the treated marine seawater in the watercourse or stream, and subsequently divert such treated marine seawater 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 United States Geological Survey 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 the permit number and name of any related discharge permit;

  (5) 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;

  (6) the estimated amount of treated marine seawater that will be lost to transportation, evaporation, seepage, channel or other associated carriage losses from the point of discharge to the point of diversion, including the method used to calculate the losses;

  (7) an accounting plan that demonstrates that the applicant will only divert the amount of treated marine seawater discharged less losses; and

  (8) any other information the executive director may need to complete an analysis of the application.

Source Note: The provisions of this §295.305 adopted to be effective December 8, 2016, 41 TexReg 9539

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