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RULE §295.306Notice of Application to Convey Treated Marine Seawater in Bed and Banks

(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.

Source Note: The provisions of this §295.306 adopted to be effective December 8, 2016, 41 TexReg 9539

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