(a) To lease an area within the right of way a person must submit, at the person's sole expense, a written application to the district administrator of the district in which the right of way is located. The application must be in a form approved by the department and must include:
  (1) the name and address of the person requesting the lease;
  (2) a legal description of the proposed premises;
  (3) a description of the saltwater pipeline facility to be installed, including the proposed size and depth of all pipelines and a description of any appurtenances;
  (4) sketches or drawings that show:
    (A) the proposed premises;
    (B) the proposed Pipeline Facility to be constructed or installed;
    (C) the existing highway facilities, existing utilities, and other improvements;
    (D) all means of proposed access to the area; and
    (E) with preliminary drainage plans, if applicable;
  (5) adequate information to support a determination to authorize leasing of the proposed premises;
  (6) the proposed term of the lease; and
  (7) the name, address, and telephone number of the individual or entity that is authorized to furnish any additional information requested by the department relating to the application.
(b) In addition to the information required under subsection (a) of this section, the district administrator may request additional information, reports, engineering plans or other data that the district administrator considers necessary for compliance with this subchapter. The applicant shall provide those requested items at its sole expense.
(c) As a condition for the lease of the premises, department may require the saltwater pipeline operator to furnish an attorney's title opinion establishing to the department's satisfaction that the lease will be consistent with property rights owned by others.
(d) The district administrator will forward the application to the right of way division for processing.
(e) The district administrator will inform the applicant of the actions taken on the application.

Source Note: The provisions of this §21.964 adopted to be effective October 12, 2014, 39 TexReg 7946