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RULE §295.151Notice of Application and Commission Action

(a) At the time that the technical review of an application for a permit to use state water has been completed and the technical memoranda have been filed by the executive director with the chief clerk of the commission, the commission shall give notice by mail to those persons specified in §295.153 of this title (relating to Notice By Mail). At such time, the chief clerk shall furnish a copy of the notice to the applicant, and the applicant shall cause such notice to be published, pursuant to §295.152 of this title (relating to Notice By Publication).

(b) 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 type of permit the applicant is seeking;

  (7) state the purpose and extent of the proposed appropriation of water;

  (8) identify the source of supply and the place where the water is to be stored or taken or diverted from the source of supply;

  (9) identify any proposed alternative source of water, other than state water, identified by the application;

  (10) state the executive director's recommendation regarding the application;

  (11) state that an affected person may request a hearing as set out in Chapter 55, Subchapter G of this title (relating to Requests for Contested Case Hearing and Public Comment on Certain Applications);

  (12) give a general description of the location and area of any land to be irrigated;

  (13) 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

  (14) give any additional information the commission considers necessary.

Source Note: The provisions of this §295.151 adopted to be effective May 28, 1986, 11 TexReg 2326; amended to be effective December 31, 2009, 34 TexReg 9454; amended to be effective August 16, 2018, 43 TexReg 5222

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