SECTION 301.37. Referral of Application to Commission

(a) The processing of the application shall be in accordance with Chapter 281 of this title (relating to Applications Processing). When the executive director has determined that the application is administratively complete under Chapter 281 of this title (relating to Applications Processing) and that the applicant has paid the required fees, he shall refer the application to the chief clerk of the commission for issuance of mail notice of application and commission action in accordance with §301.52 of this title (relating to Notice of the Application By Mail). For the sole purpose of issuing adequate notice, the executive director will include a recommendation to the commission of the area wherein the proposed project(s) which comprise the application would have potential impact based upon the information provided by the applicant, pursuant to §301.33 of this title (relating to Preliminary Plans: Data To Be Submitted), and the executive director's review of that information. The executive director shall also notify the applicant that he has determined that the project is within the commission's jurisdiction.

(b) If the executive director determines that the project is not one which is within the jurisdiction of the commission pursuant to the Texas Water Code, §16.236, he shall so notify the applicant, who shall withdraw the application. If the application is not withdrawn by the applicant within 90 days of the date of mailing of notification of nonjurisdiction, the executive director may forward the application to the commission and recommend that the commission enter an order dismissing the application. The chief clerk shall notify the applicant of the date set for consideration of the recommendation for dismissal.

Source Note: The provisions of this §301.37 adopted to be effective May 26, 1986, 11 TexReg 2246.