SECTION 355.2. Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Words defined in the applicable provisions of the Texas Water Code, Chapter 15, and not defined here shall have the meanings provided by such chapter.

(1) Flood protection planning--The process of developing the means of providing protection from flooding through structural and nonstructural measures.

(A) Planning for flood protection includes studies and analyses to:

(i) determine and describe problems resulting from or relating to flooding;

(ii) determine the views and needs of the affected public relating to flooding problems;

(iii) identify potential solutions;

(iv) estimate benefits and costs of potential solutions, including structural and nonstructural measures;

(v) recommend feasible solutions to flood protection problems; and

(vi) determine that any proposed solutions are consistent with appropriate regional or statewide plans and relevant laws and regulations.

(B) Planning, as herein defined, does not include those activities directly related to the preparation of applications for state or federal permits or other approvals, activities associated with administrative or legal proceedings by regulatory agencies, nor preparation of engineering plans and specifications.

(2) Regional facility planning for water resources--The process of identifying existing and potential problems, problem solutions and their relative costs and benefits, and recommending the most feasible solution(s) for regional water supply or wastewater facilities, except to the extent that such matters are being or have been studied under Texas Water Code, §16.053. Planning, as herein defined, does not include those activities directly related to the preparation of applications for state or federal permits or other approvals, activities associated with administrative or legal proceedings by regulatory agencies, nor preparation of engineering plans and specifications.

(3) Research--Scientific activities that are undertaken to address practical problems rather than to expand the frontiers of knowledge. Research can include development, which refers to activities undertaken to solve the technical problems involved in bringing a new product or process into production. Research may include regional water quality assessments performed by river authorities pursuant to the provisions of the Texas Water Code, §26.0135 and §26.178

Source Note: The provisions of this §355.2 adopted to be effective October 11, 1991, 16 TexReg 5329; amended to be effective October 18, 1995, 20 TexReg 8075; amended to be effective February 11, 1999, 24 TexReg 765