SECTION 303.86. Notice Requirements for Water-in-Transit Applications

(a) At the time an application for a water-in-transit permit has been filed by the executive director with the chief clerk, the commission shall give notice by mail to those persons specified in subsection (d) of this section. At such time, the chief clerk shall furnish a copy of the notice to the applicant, and the applicant must publish notice, pursuant to subsection (c) of this section.

(b) A notice of application and commission action must:

(1) include the name and address of the applicant;

(2) include the date on which the application was received by the commission;

(3) include the date the application was filed by the executive director with the chief clerk;

(4) include that the executive director has determined that the application is administratively complete;

(5) include the application number;

(6) include the type of permit the applicant is seeking;

(7) include the purpose and extent of the proposed transfer of water;

(8) identify the source of supply, place of discharge, and the place where the water is to be diverted;

(9) specify the time and location where the commission will consider the application;

(10) identify all potentially affected groundwater districts;

(11) give any additional information the executive director considers necessary.

(c) The applicant must publish the notice in newspapers of general circulation in each county within the Rio Grande water division. The date of publication must be on or before the date of publication directed by the chief clerk.

(d) Notice by mail.

(1) The commission shall mail the notice by first-class mail, postage prepaid, to persons listed in this subsection after the executive director has declared the application administratively complete.

(2) For an application for a water-in-transit permit pursuant to Texas Water Code, §11.3271 or for an amendment to a Texas Water Code, §11.3271 permit, notice must be mailed to:

(A) each claimant or appropriator of water within the Rio Grande water division below Fort Quitman, Texas, the record of whose claim or appropriation has been filed with the commission or its predecessor agencies;

(B) all groundwater districts potentially impacted by the application; and

(C) other persons who in the judgment of the commission might be affected.

Source Note: The provisions of this §303.86 adopted to be effective October 26, 2006, 31 TexReg 8716