(a) The department, with the commission's approval and in accordance with this section, may participate financially in an existing beneficial use project.
(b) The U.S. Army Corps of Engineers will submit proposals in writing to the executive director or the executive director's designee. A proposal must include:
  (1) a description of the beneficial use project and its benefits;
  (2) a map delineating the location of the beneficial use project;
  (3) a proposed project schedule that includes an anticipated completion date;
  (4) a detailed estimate of the project cost and an estimate of each amount contributed to the project by the U.S. Army Corps of Engineers and each other participating entity;
  (5) a plan addressing the operations and maintenance of the facility created by or benefiting from the beneficial use project; and
  (6) existing documentation related to the operational and environmental suitability of the project and existing results of field investigations, if available.
(c) The commission may approve participation under this section if it determines that the project:
  (1) can be accomplished without:
    (A) an unjustifiable waste of publicly or privately owned natural resources; and
    (B) a permanent and substantial adverse impact on the environment, wildlife, or fisheries; and
  (2) will result in one or more beneficial use activities having a direct relationship of function or impact to the GIWW.

Source Note: The provisions of this §2.363 adopted to be effective March 13, 2024, 49 TexReg 1504