Section 295.302 - Requirements for Application for Diversion of Marine Seawater and Diversion of Seawater(a) An application for diversion of seawater from a bay or arm of the Gulf of Mexico for industrial purposes or for diversion of marine seawater must be submitted in accordance with § 295.2 of this title (relating to Preparation of Application) and include, for each applicant, the full name, post office address, telephone number, and federal identification number. If the applicant is a partnership, it shall be designated by the firm name followed by the words "a partnership." If the applicant is acting as trustee for another, it shall be designated by the trustee's name followed by the word "trustee." If someone other than the named applicant executes the application, the name, position, post office address, and telephone number of the person executing the application shall be given.(b) The application shall include the signature of the applicant in accordance with § 295.14 of this title (relating to Signature of Applicant). Each applicant shall subscribe and swear to the application before any person entitled to administer oaths, who shall also sign his or her name and affix his or her seal of office to the application.(c) The application shall state the location of point(s) of diversion and provide latitude and longitude coordinates in decimal degrees to six decimal places for each point.(d) The total amount of marine seawater or seawater from a bay or arm of the Gulf of Mexico to be diverted and used shall be stated in definite terms, i.e., a definite number of acre-feet annually and the application shall state the maximum rate of diversion in gallons per minute or cubic feet per second for each diversion point.(e) The application shall state each purpose of use in definite terms. If the application requests authorization to use marine seawater for multiple purposes, the application shall expressly state an annual amount of marine seawater to be used for the multiple purposes as well as for each purpose of use.(f) The applicant shall provide evidence that the marine seawater or seawater diverted from a bay or arm of the Gulf of Mexico will be treated in accordance with applicable commission rules, based on the purpose for which the water is to be used, before it is used.(g) The application must include a water conservation plan meeting the requirements contained in § 297.208 of this title (relating to Consideration of Water Conservation).(h) The application shall contain information describing how it addresses a water supply need in a manner that is consistent with the state water plan or the applicable approved regional water plan or, in the alternative, describe conditions that warrant a waiver of this requirement.(i) The application must include a determination of the total dissolved solids concentration of the marine seawater or seawater at the water source based on monthly sampling and analysis, as described in § 297.205 of this title (relating to Determination of Total Dissolved Solids Concentration), and provide the data collected to the commission.(j) The application shall provide documentation that the applicant will take reasonable measures to minimize impingement and entrainment associated with the diversion of marine seawater or seawater as described in § 297.209 of this title (relating to Impingement and Entrainment).(k) The application shall include: (1) documentation that the point or points from which a facility the person proposes to construct for diversion of marine seawater are within the zones identified by the Texas Parks and Wildlife Department (TPWD) and the Texas General Land Office (GLO) on the date that the application is submitted; or(2) documentation of the results of consultation with the TPWD and the GLO regarding the point or points from which a facility the person proposes to construct may divert seawater.30 Tex. Admin. Code § 295.302
Adopted by Texas Register, Volume 41, Number 49, December 2, 2016, TexReg 9539, eff. 12/8/2016; Amended by Texas Register, Volume 45, Number 19, May 8, 2020, TexReg 3104, eff. 5/14/2020